State’s Attorney General and Minister of Justice for a stay of execution of
the Court of Appeal’s judgment of 13 July 2007, to allow for a settlement of
the dispute on the basis of Section 32 of the Supreme Court Act.10 By Order
of 14 December 2009, AGEF obtained a stay of execution of Court of
Appeal’s judgment until the settlement case was decided on the merits. On
14 October 2010, the Minister of Justice instructed the Prosecutor General
of the Supreme Court to refer the matter to the joint Chambers of the
Supreme Court for a ruling.
58. It also emerges from the record that the Prosecutor General did not follow
through with the instructions of the Minister of Justice until 21 June 2016,
when the President of the Supreme Court quashed the order staying
execution of the judgment of 9 April 2009 dismissing the cassation appeal
59. The Court notes that following the Supreme Court’s decision, the
Applicants, noting that the judgment rendered in their favour had then
become enforceable, by letter of 20 November 2017, requested AGEF to
pay the sum of one Billion Five Hundred and Fifty-Four Million Four Hundred
and Eighty-Six Thousand Seventy-Nine (1,554,486,079) CFA Francs, being
the amount awarded by the Court of Appeal plus statutory interest, bailiff’s
fees and lawyers’ fees. The Court also notes that as the said order to pay
had not been enforced, the Applicants carried out a seizure attachment on
the accounts of AGEF on 18 February 2019.
60. The Court notes that the judgment of 9 April 2009 delivered by the Supreme
Court, the highest judicial authority of the country, granted the Applicants’
claim. Therefore, they cannot be blamed for exercising an enforcement
remedy that was available to them up until 18 February 2019. As such, the
Article 32 of the Supreme Court Act provides that: “Where the cassation appeal is dismissed, the party
who lodged the appeal may no longer lodge a cassation appeal in the same case, under any pretext
and by any means. The Procurator-General of the Supreme Court, on the request of a higher authority,
may refer the matter to the President of the Supreme Court for settlement, where the execution of a
decision is likely to seriously disturb public order, economically and socially. The joint Chambers of the
Supreme Court, convened by the President and presided over by him, shall rule on the requisitions of
the Prosecutor-General. The application of the Prosecutor-General to the President of the Supreme
Court shall temporarily suspend the execution of the decision …”.
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