« Procès de la jalousie » : L'homme d'affaires réclamait ses cadeaux de luxe à son ex, le tribunal refuse de « judiciariser l'échec amoureux »
A love affair spanning several years, a marriage proposal discussed in front of their families, gifts estimated at several million CFA francs, and, ultimately, a marriage to another man. The story between businessman PS Ndiaye and AIW Ba finally landed in the Dakar court of summary jurisdiction.
Charged with fraud, AIW Ba was remanded in custody before appearing in court on June 15. The case was then adjourned for the civil party's appearance. This Monday, however, PS Ndiaye failed to appear in court. The prosecution requested another adjournment, but the defense opposed it. The court ultimately decided to proceed with the case.
According to an investigation conducted by the Dakar Research Brigade, businessman PS Ndiaye accuses his ex-girlfriend of dowry fraud and breach of trust. He claims their relationship, which began professionally, gradually evolved into a romantic one starting in 2021. Convinced of the sincerity of their marriage plans, the businessman asserts that he showered his partner with gifts. He says he secured her jobs, paid her salaries and financial benefits, provided her with several apartments in Dakar, and gifted her gold jewelry worth tens of millions of CFA francs.
The plaintiff also claims to have given the accused a vehicle registered in his name, several plots of land, substantial sums of money, and even funds intended for her parents' pilgrimage to Mecca. In addition, he has provided valuable administrative documents, including a land title, computers, hard drives, and checkbooks.
While in the United States, PS Ndiaye says he learned with astonishment that AIW Ba had married another man. Even more surprising, according to his statements, it was AIW Ba herself who broke the news to him. Claiming to feel "betrayed and abused," he asserts that he has taken several amicable steps, notably through relatives and religious authorities, to recover his assets. These efforts, he says, have been unsuccessful.
In court, the defendant denied the charges. She maintained that she had never asked for the possessions her former partner now accuses her of having. "I didn't ask him for anything. He was the one who gave me gifts, and sometimes I even refused. The WhatsApp conversations prove it," she stated. She also explained that she had been in a five-year relationship with the plaintiff without him ever marrying her. According to her, PS Ndiaye regularly cited obstacles related to mystical practices allegedly perpetrated by his wife. "I couldn't wait indefinitely and waste my time. I finally got married. Now, he's simply demanding the return of the gifts he gave me," she added.
The public prosecutor has requested the application of the law.
For the defense, the charges were without any legal basis. Attorney Takha Cissé quoted Charles Baudelaire to illustrate the complexity of romantic relationships: "I am the wound and the knife! I am the blow and the cheek." The lawyer continued: "My client is both the wound and the knife. She has suffered. She wanted this marriage and waited for five years. But PS Ndiaye never wanted to take the plunge; he was content to simply give her gifts." According to him, the charge of fraud could not be upheld in the absence of fraudulent maneuvers. He therefore requested that the charges be dismissed.
His colleague, Léon Patrick Sarr, denounced the case as "a trial of jealousy, revenge, and cowardice." He argued that the plaintiff "lacked class" and urged the court not to set "a dangerous precedent of resorting to litigation to address the breakdown of a romantic relationship."
At the conclusion of the proceedings, the Dakar court of summary jurisdiction accepted the defense's arguments and dismissed the charges against AIW Ba, without penalty or costs. She thus escaped with a complete acquittal.