OHADA: One Procedure, Seventeen Countries
OHADA - the Organisation for the Harmonisation of Business Law in Africa - provides uniform acts that apply directly in each member state, overriding inconsistent national law. The Uniform Act on simplified recovery procedures and enforcement measures governs debt recovery across all of them.
At the top sits the CCJA, a supranational court in Abidjan that rules on the interpretation of the uniform acts and acts as a court of cassation for matters arising under them. The practical effect is a genuine regional system rather than seventeen separate ones.
Injonction de Payer
The OHADA injonction de payer is available for a claim that is certain, liquid and due, arising from a contract or a negotiable instrument. The application is documentary and decided without hearing the debtor.
Once served, the debtor has a defined period to lodge opposition. Absent opposition, the creditor applies for the order to be given executory force, and it becomes enforceable. Opposition moves the matter into ordinary proceedings before the competent court.
Because the same procedure applies across the OHADA zone, a supplier trading into several West African markets can operate one recovery approach rather than a different one per country.
Seizure Measures Under the Uniform Act
The uniform act provides a structured set of enforcement measures - conservatory seizure to secure assets in advance, and executory seizure of receivables, bank accounts and movable property once a title exists. Huissiers de justice carry them out.
Conservatory seizure is particularly useful: it can be authorised where the recovery appears at risk, securing assets before the debtor has responded to the claim.
The CFA Franc Advantage
Senegal uses the West African CFA franc, which maintains a fixed peg to the euro with convertibility arrangements attached to it. For a European creditor this removes much of the currency risk and repatriation uncertainty that dominates recovery elsewhere on the continent.
It is a genuine structural advantage and worth weighing when assessing whether a West African claim is economic to pursue.
How Long Does a Senegalese Claim Take?
| Stage | Typical Duration | Cost |
|---|---|---|
| Mise en demeure Formal notice in French, negotiation | 3–5 weeks | Low |
| Injonction de payer Documentary application to order | 1–3 months | Low |
| Opposition proceedings Where the debtor opposes | 10–20 months | High |
| Conservatory seizure Securing assets in advance | 2–6 weeks | Medium |
| Executory seizure Realisation once a title exists | 2–5 months | Medium |
How Does SXB Global Handle a Senegalese Case?
We assess whether the claim is certain, liquid and due in the OHADA sense, since that determines whether the simplified route is open. Where recovery appears at risk we consider conservatory seizure early. Contact is conducted in French. Where legal proceedings become appropriate, SXB Global coordinates the instruction of appropriately authorised local counsel. Legal services are provided by the relevant independent legal professionals.