Exclusion of “Amos Langanfin Glèlè” for 5 years of public procurement : The Supreme Court overturns the decision

A popular saying states ” Time sweeps away the false and confirms the true”. Between the decision of the ARMP and the professionalism of the PRMP of the ANPT, Amos Langanfin Glade, time has done its work. Indeed, of Decision No. 2023-010/ARMP/PR-CR/CRD/SP/DRAJ/SA of 19 January 2023 of the Regulatory Council of the Public Procurement Regulatory Authority excluding the PRMP/ANPT, Amos Langanfin Glèlè of public order for a period of five (05) years to judgment No. 2023-10/CA2 of 20 December 2023 of the Administrative Chamber of the Supreme Court annulling the decision cited above, the cleaning was effective over time.

Unjustly sanctioned in case No. 2023-010/ARMP/SA/2320-22 of self-referral to the ARMP following the denunciation of the establishment “JJP Service Plus” against the National Heritage Promotion Agency and Tourism Development ( ANPT) in the public procurement file for the rehabilitation of the royal palace “Hon” from Porto-Novo, the Person Responsible for Public Procurement of the ANPT, Amos Langanfin Glèlè appealed to the Supreme Court, the 30 May 2023 of an appeal for the purposes of annulment of the implicit decision to reject his hierarchical appeal against decision No. 2023-010/ARMP/PR-CR/CRD/SP/DRAJ/ SA of 19 January 2023 excluding him from public procurement for a period of five (05) years in application of the provisions of article 125 of law no. 2020-26 of 29 September 2020 bearing the public procurement code in the Republic of Benin. In his public hearing on Wednesday 20 December 2023 the Supreme Court declared the admissibility and basis of the appeal of the applicant Amos Langanfin Glèlè and decided in its judgment in its article 3, the pure and simple cancellation of the decision to exclude the public procurement for a period of five (05) years from 30 January 2023 at 29 January 2028 by Mr. Amos Langanfin Glade. The court went further and ordered the restitution to Amos Langanfin Glèlè of the deposit covered by payment receipt no. 0277 of 03 October 2023.

otherwise, the court considers the act of the ARMP as an excess of power because it judges the Regulatory Council of the ARMP to be incompetent to take such a sanction initiative against Mr. Amos LANGANFIN GLELE who is not administratively responsible, nor legally of its prerogatives. ” By ruling against Amos LANGANFIN GLELE, exclusion from public procurement for a period of five (05) years, the ARMP exceeded its power” suggested the Court chaired by Edouard Ignace GANGNY. As a reminder, none of the charges that are failure to respond to the request for information from the company the establishment “JJP Service Plus”, of results within the validity period of offers and the lack of professionalism raised against the PRMP/ANPT, Amos LANGANFIN GLELE did not allow the Court to ratify the decision of Séraphin AGBAHOUNGBATA and his peers of the ARMP Regulatory Council.

” The lack of professionalism of the applicant alleged by the ARMP and which would have lengthened the time of the procurement procedure and having led to the lack of information within the deadlines of the establishment "JJP Service Plus" does not in itself justify the application of the sanctions provided for in article 125 of law no. 2020-26 of 29 September 2020 bearing the public procurement code in the Republic of Benin.” reminded the court advisors before notifying “If the facts alleged against the applicant (Amos Langanfin Glade) deserve sanctions these cannot be anchored in the article 125 cited above”.

The court concluded in its terms : “Contrary to the allegations of the administration, the sanction pronounced against the applicant (Amos Langanfin Glade) has no basis in the article 125 of the public procurement code in the absence of evidence of influence on lot award decisions, nor to the article 128 of the said code for lack of competence of the author of the suspension sanction.”

Patrice ADJAHO