Togo under the magisterium of Faure Gnassingbé is literally swimming in corruption. Misappropriation of public funds, misuse of corporate assets, conflicts of interest, illegal taking of interest, misappropriation, commission, retro-commissions, influence peddling, award of public contracts in total opacity, corruption in all its aspects has Invested in all spheres of Togolese society, thus participating in reversing the scale of values, perverting the whole of society. This scourge has taken on a very worrying scale, especially when one refers to the impunity enjoyed by the perpetrators and their accomplices who are all in the mysteries of power.

Not a single day has happened in Togo for more than ten years that a corruption scandal involving members of the government, directors of companies, magistrates breaks out. As curious as it may seem, and beyond the speeches of good intentions served to put the partners to sleep, no one responsible for these scandals is worried. With this license to steal or embezzle, the proponents of the RPT/UNIR regime help themselves as they see fit from the state coffers. The financial authorities in Togo are boxes to make billionaires. It suffices, for some, to access certain positions of responsibility in these circles to see them display in the public square their fraudulently acquired assets since their salaries can in no way allow them this lifestyle.

And it is precisely to the OTR (Togolese revenue office) that this investigation leads us, particularly to the tax department. The case is complex and concerns a dispute between the Togolese State and the company Moov-Togo . At the heart of this new scandal which required several weeks of investigation, a notary specializing in fraud, a lawyer with grandiose claims, a company caught red-handed, a prosecutor who refuses to play his part, a Commissioner of Taxes wet to the skin, a former accomplice Commissioner General and finally some nasty intermediaries determined to take their share of the cake, that is to say the sum of 500 million CFA francs missing.

Facts

The facts are related by Mr. Kpadenou Paul , in a complaint to the Public Prosecutor at the First Class Court of Lomé against Mr. Ahmed Esso-Wavana ADOYI , Commissioner of Taxes for breach of trust and death threat . A complaint whose editorial staff has obtained a copy of the complaint which we pass in full. Given the sensitive nature of the case, Mr. Paul Kpadenou initially had all the difficulty in having his complaint registered by one of the substitutes. It took the return from the trip of the Public Prosecutor for it to be registered. Let's go back to the chronology of the events that led to this complaint against Commissioner Adoyi.

It should be remembered that the affair began at the time of Commissioner Henri Gapéry and the OTR who had just lost the lawsuit against the company Moov in the first instance before appealing. OTR's lawyer in this case against Moov is Me Alexis Aquereburu. It is at this moment that Mr. Kpadenou Paul, an informant and his expert friends come into play to help the Togolese State, and more specifically the OTR to corner the company Moov-Togo. Once the evidence of the fraud against Moov Togo had been gathered, it took working sessions with OTR's tax experts to allow them to master all aspects of the case before returning to trial. The deal at the start was clear, the experts provide the evidence to the OTR through their Togolese intermediary and once the trial is won, they receive their commission. But things will not go as planned. During the process, Mr. Paul Kpadénou sought to meet Commissioner General Henri Gapery, but he repeatedly found himself faced with barriers erected by Adoyi. But in the meantime Henri Gapery left and Kodjo Adedze had just taken his place. Moov-Togo, faced with the evidence in the file, accepts an amicable settlement and a fine of 6 billion 500 million is imposed on it and it pays it.

At the same time, the foreign experts and those of the OTR continue the sessions on the second aspect which concerns 104 billion francs.

Finally, Mr. Paul Kpadenou, after several threats, succeeded in being invited by Commissioner General Adedze to his home near Sito-Gblenkomé . He explains the case in detail, and according to his words, the Commissioner General confides in him that he released to Commissioner Adoyi a check for 500 million for the commission of experts and intermediaries on the instructions of the Head of State to which a report was made on this file. During the discussions, the Commissioner General wished to have a copy of all the documents in order to inform the Head of State on the sidelines of the Evala festivities in Kara. Mr. Paul Kpadenou provides the General Commissioner with all the documents. Following this meeting, Adedze called the Commissioner of Taxes to find out what happened to the check. It was then that the latter, during a meeting between the tax experts of his department and the experts, he unleashed on Mr. Paul Kpadenou. He told Mr. Kpadenou in front of everyone that he was aware of all his dealings with both the President of the Constitutional Court and the General Commissioner and that if Togo was a developed country, he was going to eliminate him from professional way without a drop of his blood falling on the ground or failing that, stick something on him and send him to prison. It was therefore following these death threats that Paul Kpadenou decided to file a complaint with the Prosecutor against Adoyi. Kodzo Adedze, back from Evala, did not respond favorably to the indicator; on the contrary, he began to chat it up.

The latter understood the game and demanded that the sensitive documents sent to Adedze at his home be returned to him, a waste of time. So when the prosecutor became aware of the complaint, according to the statements of the complainant, he admitted having called Commissioner Adoyi who went to his office accompanied by Commissioner General Adedze. The latter recognize the existence of such a file and the crucial role of the informant and the experts, but add as curious as it may seem that the case is still ongoing and once it is finally settled and the fine paid, the intermediaries will have their share. But the Prosecutor reminds them that in the complaint, these are two different files and that according to the complainant the first phase has already been completed and the company Moov-Togo has paid the fine of 6 billion 500 million CFA francs. The prosecutor then asked these two officials of the OTR to find ways to calm the plaintiff, before following the second phase of the case which relates to a dispute of 104 billion. Subsequently, the Prosecutor began by softening his position in the case, going so far as to ask the complainant to withdraw the complaint in order to find an amicable solution. The plaintiff complies, but the Prosecutor will not succeed in keeping his promise. Overwhelmed by what appears to be complicity at all levels, Mr. Paul Kpadenou sends a letter directly to Faure Gnassingbé . The mail unloaded at the Presidency ended up on Mr. Adoyi's desk a few days later. There are therefore people at the Presidency of the Republic who divert letters of denunciation addressed to the Head of State to those concerned, thus putting people's lives in danger. Faure Gnassingbé will appreciate the methods in his palace.

Still, when this letter ended up on Commissioner Adoyi's table, he sent a message to Mr. Paul Kpadenou telling him that he had all the means to block his access to the Head of State and that he is agitated for nothing. The Editorial Board, as part of this investigation, contacted all the actors by mail in order to take their versions of the facts and understand the substance of the case.

First Ahmed Esso-Wavana ADOYI, Commissioner of Taxes

We sent a letter to his secretariat on August 12 to request a meeting in order to have his version of the facts and discuss other aspects of the case. The communication department called the editorial office, a first appointment was made, but could not be held because of the Commissioner's unavailability. Finally, the investigation team met Commissioner Ahmed Esso-Wavana ADOYI , in the presence of his personal assistant and his communication officer. When asked if he knows Mr. Paul Kpadenou , here is his answer: “I have never seen Mr. Kpadenou. He never provided any information whatsoever.

The case is still pending in court. We never finished the trial. If the Head of State has ordered that we give money to indicators, who am I to block the money at my level? I know that Kpadenou went to see the Prosecutor, the President of the Constitutional Court too. You know, a head of state doesn't get involved in fiscal management. Go ask the judge if this file is cleared. If at the end of the trial there is money to give to people, I will not hesitate. I have never had money that is asked to be given to anyone. Who am I to threaten Kpadenou? I never saw it. I don't have that strength. Mr. Kpadenou dragged this case everywhere. The DG of the gendarmerie is also aware. You know, I was out of the country when Mr. Wilson told me this case is coming up again. He was telling me about your mail that you sent to him. We talked on the phone. I felt sorry for Me Wilson who said he was tired of this affair. It was said that Me Wilson and I had shared 50 million between us and it is not true. It's good that you have an appointment with Mr. Wilson too. He will also tell you better about this case.”

At the end of the exchanges, while the journalists were taking leave of the Commissioner of Taxes, the latter said the following: “Take off your journalist's uniform. After all, we are all Togolese. Is it worth posting about this case? Either way, don't stop. Up to you….. ". A plea that reveals anxiety. Commissioner Esso-Wavana Adoyi served only untruths. On some levels, it looks like he's lying like a tooth-puller. He could not imagine the wealth of information possessed by the journalists who came to question him. Religiously reading the complaint, Mr. Paul Kpadenou described how he got in touch with the Commissioner of Taxes. Maybe he has a memory lapse. Since he says he never saw Mr. Paul Kpadenou, does he at least remember that it was the latter who brought him the evidence? Does he no longer remember the working sessions between him and Mr. Paul Kpadenou at his tax offices? When the expert began his work of training OTR tax experts, a job that was spread over 9 months, Commissioner Adoyi, proud of the work that was being done, invited him for the first time to his home located on the bypass. The expert was accompanied by Paul Kpadenou, Me Tété Wilson-Bahun and his little brother Eric Wilson. This day after an aside, the Commissioner gave an envelope of one million to Me Wilson for the stay of the expert.

The envelope was given to the expert on site. Commissioner Adoyi received the expert a second time at his offices, still accompanied by Paul Kpadenou on December 31, 2017. At this meeting, the Commissioner again gave the expert one million francs for his stay. When Mr. Adoyi made threats against Mr. Kpadenou, it was in the presence of all the OTR tax experts that the expert trained. Some, on condition of anonymity, confirmed this incident to the editorial staff. Worse, when Mr. Adoyi made his threats, he took the opportunity to skin the President of the Constitutional Court. Having realized that his disparaging remarks had been brought to the attention of Aboudou Assouma , the Commissioner of Taxes went to ask the Vice-President of an association of Muslim executives to go and apologize to the President of the Constitutional Court. We can multiply examples to demonstrate that Commissioner Adoyi does indeed know the informant Paul Kpadenou, but we will stop there. Finally, in the context of this case, it often happens that Commissioner Esso-Wavana Adoyi provides financial assistance to Kpadenou. We pass in facsimile a discharge of 500,000 FCFA filled out by Mr. Kpadenou at the private secretariat of the Commissioner. By what magic Commissioner Adoyi can regularly give someone he claims not to know envelopes up to 2 million CFA francs.

Me Tete Wilson-Bahun, the mastermind of the fraud and at the center of all the intrigues

The Editorial team also met the notary Me Tete Wilson-Bahun. He acts as a notary for Moov-Togo. On the essential issues related to the case, he made a diversion. “I have no knowledge of this file. I cannot intervene in this case. I am a notary and not a lawyer. It is a lawyer who builds a file, not a notary. I was not linked to this file. I know Mr. Adoyi, but not in this case. You say that Alexis Aquereburu gave me money in this file. I tell you that the current does not pass between Aquereburu and me….. “. By making this statement in which he not only denies his presence in the file, he says he does not know Adoyi in this file, Me Wilson did not know that the same Adoyi met earlier had reported to journalists that he - Me Wilson - called while he was on a mission abroad, upon receipt of the letter from the editorial staff. He is therefore caught red-handed.

In reality, the notary is the mastermind of all the fraud which is the subject of litigation between the Togolese State and Moov. It was he at the time, together with the former Managing Director of Moov dismissed by the company and the former Legal Director, who set up the files of the company Atlantique Telecom Togo in such a way that certain receipts escaped the tax authorities. As curious as it may seem, when the pot-aux-roses was discovered, the notary found himself playing a very ambiguous role and this, in the shadows on the side of the State against the Moov company. The images recovered by the editorial staff show him at the heart of the sessions with the expert in the company of the indicator Kpadenou and his brother Eric Wilson. He was also in all the meetings with Commissioner Adoyi. During the 9 months of coaching of the OTR team by the expert, it was Me Wilson who was in charge of buying the expert's plane tickets and then managing everything concerning his stays (money pocket, hotel, etc.) of the latter. The same Wilson assisted Me Alexis Aquereburu, lawyer of the OTR, therefore of the State against Moov throughout the legal process.

How can one be a Moov notary, author of the fraudulent assembly and still be on the side of the State in the shadows? You have to be skilful like this notary to play in two camps. Still, when the misunderstandings arose, the indicator reported that Mr. Wilson admitted to having received a gift of 25 million CFA francs from Alexis Aquereburu before adding that his curious benefactor received 1 billion 200 million CFA francs for his legal fees in the case. How on a fine of 6 billion 500 million, the lawyer takes 1 billion 200 million fees when the case was even settled out of court following the evidence provided by the expert and the indicator? This overbilling of fees leaves the door open to all speculation. It should be noted in passing that Me Tete Wilson-Bahun remained in contact with the former Director of Moov Togo dismissed in this case. We are ignoring the details of these contacts for now.

Kodjo ADEDZE

He was Commissioner General at the time, and according to the informant, he admitted to releasing a check to Commissioner Adoyi. In addition, he had taken the files with the promise of seeing the Head of State at the Evala before playing the dilatory. The editorial staff was kind enough to have its version of the facts through a letter sent to its cabinet. While the facts concern him and him alone, he had the journalists in charge of the investigation received by his chief of staff at the Ministry of Commerce. The latter reported this: “Mr. Adezdze asks me to tell you that he has transferred the file to the current Commissioner General of the OTR, Mr. Tchodie. Go meet him. If after the meeting you still need clarification, come back, the minister is ready to see you. He would like you to go see the Commissioner of Customs as well. He can also tell you things. It will be understood, the former Commissioner General found the clever way to avoid a meeting with the press, while pretending that he is available to discuss the file. It's pure diversion.

The prosecutor

Our approach with the latter consists in understanding the follow-up that he reserved for the complaint and his action for an amicable settlement of the case. The Prosecutor Essolizam POYODI, upon receipt of the mail, called the Editorial Office to set an appointment which could not be held. The telephone follow-ups from the editorial staff were not followed up.

Me Alexis Aquereburu did not respond to our request for an appointment by mail. The editorial staff wanted to understand the nature of his relationship with the notary Tete Wilson-Bahun, the 25 million offered to the latter as well as the hefty bill for his fees.

Finally, the Management of Moov-Togo, seized by mail, did not respond to our requests.

All in all, through this long investigation, everyone can get an idea of the underside of this scandal, even if the Editorial Board has overlooked several details. We are facing a network that acted as an organized gang. It is therefore not a surprise that some seek to protect others in this matter. The most worrying is the fate reserved by the Prosecutor for the complaint of Mr. Paul Kpadenou . If the representative of the public prosecutor responsible for ensuring the application of the laws and defending the interests of society allows himself to put pressure on a complainant so that the latter withdraws his complaint, and more seriously, engages in schemes with those he must pursue, then the Republic is in danger. The financial authorities in Togo are veritable dens of corruption, illicit enrichment and high corruption directly involving those responsible. The affair of the 500 million which splashes the Commissioner Esso-Wavana Adoyi and all the network which revolves around him is only a visible aspect of the iceberg. We would be in a serious country that the notary who set up this false file for the company Moov would be prosecuted.

Through the harmful action of these state clerks, billions escape the public treasury and end up in their personal accounts. Faced with this disastrous situation with harmful consequences for the country's economy, Faure Gnassingbé's silence, or rather the impunity or the license to divert that he grants to some in this country, in the name of their activism at UNIR, become more than worrying, even revolting. This file is only the first phase of a long investigation, the second part of which will be devoted to the billions of CFA francs that escape the tax authorities through the roaming system. It will be a question of the curious silence of Commissioner Esso-Wavana Adoyi following revelations made to him by a former technician from Moov on the billions that the managers of this company reap on roaming by circumventing the tax authorities. To be continued !

Source: The Alternative No.826 of September 10, 2019

THE COMPLAINT OF MR. KPADENOU AGAINST COMMISSIONER ADOYI

Mr. KPADENOU Kokou Paul Lomé, May 11, 2018
Tokoin Gbonvié
Phone: 90 05 37 29 / 92 93 0 91
99 12 08 66
Lome-Togo A
Mr. Prosecutor of the

Republic at the Tribunal
Of First Instance of Lomé
Lome-Togo

Subject: Complaint against Mr. AHMED
ESSO-WAVANA ADOYI, Commissioner of Taxes for breach of trust and death threat

Mr Prosecutor,

I very respectfully hereby present to you the following facts: it is a file of the valuation of the company Atlantique Telecom Togo by abbreviation Moov-Togo and the Togolese Revenue Office (OTR).

Indeed, during the year 2016, I met an Ivorian in Côte d'Ivoire at the SOFITEL Abidjan hotel; following our discussion, he let me know that it is Togolese giant contacts who talk about my missions with the late President Eyadéma. He wanted to know if I still have relations with the new regime in place and I answered him yes. From there, I ask him the question: what is it about? And he answered me that he has a mission and that it is I who must be at the head of the mission. I asked him the question what is the mission? He replied that it is a dispute between Atlantique Telecom Togo (Moov Togo) and the Togolese Revenue Office (OTR). To whom in the Court of First Instance, Moov won the case against the OTR and that now the OTR has appealed to the Court of Appeal whose French lawyer is asking the OTR to provide them with the evidence that can allow to pay the disputes of six billion five hundred million (6,500,000,000) to whom I can entrust these documents which will be used as evidence for the OTR to win the trial. That's when I told him that the President of the Constitutional Court Mr. ASSOUMA is the best person. He told me that I have to negotiate a 10% commission for the whole team of which I KPADENOU would be at the head. On my return from Abidjan with the evidence, I went to President ASSOUMA and I showed him the documents with the explanations and he called Mr. ADOYI AHMED ESSO-WAVANA and asked him the question concerning this judgment and he replied that 'they have a problem with Moov refusing to pay them because of the evidence they don't have. And asked him if they find the evidence today, MOOV will pay? And he answered YES. Then President ASSOUMA told him that Mr. KPADENOU brought back the evidence from Côte d'Ivoire with their conditions of commission, so Mr. ADOYI asked that I come with the evidence.

Immediately, I went to Mr. ADOYI in his office at the OTR and I gave him the said documents used as evidence in their judgment with the conditions of commission of 10% that I suggested to him and he answered me that without the opinion of the Head of State, he cannot decide on a question of commission. After three days, he reminded me that he saw the head of state and the head of state told him that at the moment he can neither write a commission contract for us, but that it will come as a surprise and that, moreover, they have not yet handed over the documents to the judgment to find out if indeed that is the evidence. This is where Mr. ADOYI let me know that this controversy is a problem between the Moroccan State and the Togolese State and that if that is the evidence, the Head of State said that he will decorate us . I went back to the bottom of the file to tell him that my partner from Côte d'Ivoire is willing to give us a lot of information regarding other evidence on MOOV Togo, that is to say Mr. ADOYI did not know that in MOOV Togo, FLOOZ is a separate company and that the eight (08) sectors of MOOV in the other ECOWAS countries, their headquarters are still in Togo.

By evaluating all this apart from the file of six billion five hundred million (6,500,000,000), we arrived at forty-nine billion (49,000,000,000) which is our dispute in front of MOOV Togo today. The documents were used to make the decision that Mr. ADOYI had spoken to us about to tell us that my friends, we have won and that I will report to the Head of State and you will have your share. Every time I call him, I disturb President ASSOUMA and the President also calls him and he always said that he has not yet met the Head of State to take our commission. At some point, I lost my aunt in Ivory Coast and I have to attend her funeral; but I can't go to Côte d'Ivoire without having my partners' share of commissions in hand. So in these jostling he gave me five hundred thousand (500,000) against a discharge and said that when the Head of State will give the order, we will come back in possession of the totality, and to reassure them that we will take our part.

Finally, I understood that Mr. ADOYI is going around in circles. One morning, I called President ASSOUMA and I let him know that I will make my inquiries to see if our commission has already been paid or not.

I phoned the General Commissioner's office for an appointment and the secretary asked me why I would like to see the General Commissioner. And I let him know it's a service thing and I don't want people out there hearing us. She told me that she will report to the Commissioner. At 2 p.m. during the day, the Superintendent called me as if I knew him at his place, and I told him no. From there, he gave me a corner where I was to meet with his escorts. Which was done and he received me at his house. There, I let him know the reason why I wanted to meet him concerning this file, that it was I who brought the evidence that was used in the judgment between OTR and MOOV Togo. He answered me, yes, that if it is the reason for our commission that I seek to see it, and he asked me if Mr. ADOYI did not give us our commission. I told him no. And he told me that the Head of State ordered him to write him a check for five hundred million (500,000,000) for the document providers. As he did not know those who brought the document, he cannot get involved, so he simply wanted to tell me that he handed over a check for five hundred million for the document bringers, according to the instructions that the Head of State gave him. He asked me if Mr. ADOYI had not given our share to Mr. ASSOUMA, I told him no.

President ASSOUMA cannot agree to get involved in Mr. ADOYI's games, but I will ask him. And when I asked him, he took his phone, he called the General Commissioner and told him what money he was going to take from Mr. ADOYI, that it was not he who brought the evidence to take this money , but that he asked him each time to see the Head of State so that the commission shares were paid, which Mr. ADOYI has not done until today. According to the words of ADOYI, it has not yet come into the possession of our commission. In the end, it was Commissioner General ADEDJE who confirmed to us that he gave him a check for five hundred million (500,000,000) for our first file.

In December 2017, during our last meeting for the completion of the work of the last file of forty-nine billion (49,000,000,000) in the ADOYI office in front of its collaborators and my partners, here are the words of threat that Mr. ADOYI holds against me: if it is not hunger that bothers other people, why do they go from office to office to talk about this file? They think it's the end of their life's work. You went several times to President ASSOUMA, what solution did you get? You went to see the Commissioner General Mr. ADEDJE and if in all this you have not had a solution, you must know what kind of person I am. If it is in the developed countries, I will ask that you be eliminated and not a drop of blood will be found; but if we can't eliminate you, I'm going to put a label on you so that we send you to prison and you'll never get out.

Mr. Prosecutor, here is the service that I rendered to my country and that today, I cannot go freely to Côte d'Ivoire, and no longer live in peace at home in Togo. I did not want as a man this regime which has done him a favor and the others benefit from my fallout. This is why I would like no one to be above the law and for justice to decide between us.

I request your intervention, Mr. Prosecutor, so that justice is done.
In the hope of a favorable outcome, please accept, Mr. Prosecutor, the expression of my highest consideration.