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Momodou
Denmark
11634 Posts |
 Posted - 17 Oct 2017 : 12:50:40
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Finance permanent secretary recalled at Commission
The Point: Tuesday, October 17, 2017
http://thepoint.gm/africa/gambia/article/finance-permanent-secretary-recalled-at-commission
Abdoulie Jallow, the permanent secretary at the Ministry of Finance, was yesterday recalled at the Janneh Commission in relation to some Mahinda tractors.
Continuing his testimony, he said, the referred tractors were purchased from a loan between The Gambia government and a bank in India, adding that $5,800,000 was withdrawn from the total loan.
Mr Jallow adduced that the maturity of the loan was 20 years, adding that he was in possession of the loan agreement and its interest payment.
He said the purpose of the withdrawn money was to assemble the tractors.
At this juncture, the commission asked him to come back on Thursday, with a complete set of documents to be tendered before the panel.
He testified that he would confirm whether the loan was ratified by the National Assembly.
Sheriff Sawaneh of Competence Company, who earlier testified told the Commission that he is a contractor, and a shareholder at Competence and Protect Product companies.
When shown a document indicating a certificate of corporation, he said, one Philip Collins and himself were shareholders of Protect Product, a company which is not operational now.
At this point, certificate of incorporation and certificate of business registration, memorandum and article of association of Protect Product were tendered and admitted as exhibits.
Mr Sawaneh told the Commission that he had registered three or four companies, including Protect Product.
At this juncture, a bank statement from Trust Bank was shown to him, to which he said he had a bank statement for Competence Company at Arab Gambian Islamic Bank (AGIB).
Mr Sawaneh testified that the account at Zenith had his name, adding that it was operated as his business and personal account.
He posited that he had an account at First International Bank and that the Guaranty Trust Bank account was opened by his business partner.
The certificate of incorporation was tendered and admitted as an exhibit.
He was reminded that he received from the tax recovery account D1, 937,346, D730, 250 and D4, 485,000.
He was also reminded that he had received from the Carnagie Minerals account the sums of D795, 000 and D245, 000, and D1, 175,000 from the sand mining account. In testimony, he confirmed receiving the said sums.
Mr Sawaneh also confirmed that he received some money from the Gambia National Petroleum Corporation (GNPC) and International Gateway accounts.
He adduced that he had various contracts from Justice Department for the renovation of the Attorney General’s Chamber.
He posited further that he was called by either the then secretary to the cabinet or secretary-general, Momodou Sabally, to calculate how much he should be paid for the renovation of the Justice Building.
Mr Sawaneh stated that he was asked by the Ministry of Works to go to the Attorney General’s Chamber to sign the contract, further noting that he had finished doing the contract and was certificated by the Ministry of Works.
He said he had three major contracts with the Office of the former President, adding that he received D9, 996,360 for the Battery Flat apartment block at State House.
He adduced that the contract was between Competence Company and Office of the former President.
Mr Sawaneh posited that he was paid D13, 887,729 for a contract for the former medical and health department.
He said he was called by Saul Badjie to do the cost, adding that he did the costing and delivered it to Saul Badjie.
He testified that Saul Badjie had once called him into his office to sign the contract, further stating that the contract was supervised by Saul Badjie.
Mr Sawaneh revealed that he received payments from the tax recovery accounts.
At this juncture, he was asked to produce all the contracts with the Office of the former President and payments he received in relation to the contracts.
He told the commission that he received cash from General Tamba for the contracts he had secured with the Office of the former President.
He said Competence Company was registered with the Gambia Public Procurement Authority (GPPA) and also with the Gambia Revenue Authority (GRA).
At this juncture, he was asked to bring his tax clearance from 2012 to 2016.
Mr Sawaneh said he did not bid for any contract at the Office of the former President.
When asked why he was called and offered a contract by the Office of the former President, he replied by saying “it was because of the quality of work they did.”
He adduced that he also worked for Gamworks and had a contract with the Ministry of Basic Education, adding that he was paid D4, 500,000 for works he did for the Office of the former President.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 18 Oct 2017 : 14:11:22
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Commission questions Lebanese businessman again
The Point: Wednesday, October 18, 2017
http://thepoint.gm/africa/gambia/article/commission-questions-lebanese-businessman-again
 Tony Ghattas, a Lebanese businessman, was again questioned by the Janneh Commission on his business dealings in The Gambia.
During his testimony, he was shown a document indicating Shanghai Gambia Company bank statement for identification, which he did accordingly. The document was then tendered and admitted as an exhibit.
Two other bank statements for Gatson Company were also shown to him for the same reason, and he as well identified them. He stated that they were bank statements from GTBank.
Mr Ghattas testified that he had business in Shanghai, Indonesia and China in heavy mineral concentration, adding that he had an agreement with Shanghai Company and other companies. After his explanation, the lead counsel told the Commission that Mr Ghattas was not answering her question.
His lawyer, Mr Tambedou, who intervened to the latter’s comment, said his client was asked questions relating to documents, which he said, were not with the witness. But he said the lead counsel kept on asking the same questions.
Mr Tambedou stated that there were questions alluding that the witness had been receiving monies directly in his business from China, conducted by Shanghai Zhong Zheng.
He argued that the witness had consistently stated that the businesses in China were done by Shanghai Zhong Zheng. He then told the commission that this was his objection.
When Mr Ghattas was asked whether he received monies directly from his business in China, he answered in the positive.
Mr Ghattas adduced that he received monies from the sale of minerals, adding that anytime his company found different prices for the same mineral item, they always pursue the best one. Ghattas said the proceeds from the business were always deposited at the Shanghai account.
When put to him that the commission had not seen any payment to Shanghai, he said, the payments were made in China.
Mr Ghattas told the commission that he did not claim $290,000, which was withdrawn from Apam account and paid for the dredges, because his licence was terminated by the Geology Department.
He further posited that he thought that there would be negotiation.
He narrated that General Badjie had given him the approval to withdraw $290,000 from Apam account, further stating that he did not have any document to show that Saul Badjie approved the withdrawal of the said money from Apam account. He testified it was a verbal instruction.
Mr Ghattas adduced further that he did not have any invoice to show that he compensated the villagers of Sanyang for the construction of a road.
When put to him that the people of Sanyang said he did not build the road, he replied by saying that the road was built. He then noted that it was Saul Badjie, who had given him the approval to build the road and not Geology Department.
Further asked why Apam paid for the cost of cement, in response, Ghattas said he was just helping. He said it was Saul Badjie, who gave him a receipt and told him to do his work.
Mr Ghattas stated that he used his own money to buy animal feed for the Gambia Milling Corporation.
Mr Tambedou, his counsel, asked Mr Ghattas the total cost of the dredges, for which he paid a deposit of $290,000, he replied by saying it was $8,000,000.
Mr Ghettos then told his counsel that the road he constructed in Sanyang is still visible there, and the cement meant for the people of Gunjur is also there.
He testified that there was a receipt, issued by Apam and signed by Saul Badjie, and that he had never received written instructions from Saul Badjie.
Mr Ghettos posited that he had neither met the former president, nor is his associate.
When put to him that he said that Nuha Touray had appointed him managing director of Apam, he said, Touray delivered the appointment letter to him.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 19 Oct 2017 : 12:53:21
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SSHFC Finance Director Clarifies at Commission
The Point: Thursday, October 19, 2017
http://thepoint.gm/africa/gambia/article/sshfc-finance-director-clarifies-at-commission
Abdoulie Cham, the finance director at Social Security and Housing Finance Corporation (SSHFC), yesterday made some clarifications before the Janneh Commission on the loans given to NAWEC by the corporation.
Mr Cham stated that there was a letter from the Office of the former President for SSHFC to give NAWEC a loan to the tune of €1,840,600, which was equivalent to D7,570,000, to construct two power plants at Brikama.
He said the loan was withdrawn from the SSHFC account at Trust Bank and paid to Global Trading Group.
Mr Cham posited that the agreement was between the Office of the former President and the Ministry of Energy.
He adduced that they did not have any agreement with NAWEC to pay the loan.
A document showing the loan agreement and transactions was tendered and admitted as an exhibit.
He further stated that he did not know how Global Trading Group was awarded the contract for the power plants.
He further testified that they gave NAWEC another loan of D118, 000,000 to offset their bill.
He posited that the corporation invested on Gam-petroleum a sum of D377, 071,000 and the total they received from the investment was D16, 096,000.
Mr Cham adduced that there was a letter from the Office of the former President requesting SSHFC to purchase two ferries, and the agreement was signed by Hally Gaye and witnessed by Bakary Jammeh.
He said the agreement was between Galia Holdings Ltd and the Gambia government, adding that a sum of €350,000 was to be paid by SSHFC under the instruction of the Office of the former President, and this was for the purchase of the ferries.
Mr Cham testified further that the sum was paid into a bank in Greece, adding that another letter from the Office of the former President instructed the corporation to pay towards the financing of slipways in the country, and that €970,000 was the sum paid into the same bank in Greece.
He posited that he used to attend meetings between Galia Holdings Ltd and the former government, further noting that there was arbitration between the former government and Galia Holdings Ltd.
He said he was not happy at the way things were shaping out between the former government and Galia Holdings Ltd.
At this juncture, a document showing a joint venture agreement between the former government and Galia Holdings Ltd was tendered and admitted in evidence.
Mr Cham was asked whether the loan was still in their books, and he answered in the positive.
He further stated that they received a letter from the Office of the former President for their corporation to attend a meeting of the former government with some Qatari investors.
Mr Cham adduced that the letter also requested for a loan of $7,000,000 from the corporation but their board only approved a sum in dollars which was equivalent to D133, 605,000, and this was paid out.
He stated that he did not know what the investment was about, further noting that the corporation took action when the Qatari company ceased to operate.
At this juncture, he was asked the name of the Qatari company but he said he did not know.
He suggested that the Ministry of Justice may know the name of the company.
It was put to him that SSHFC did not know the name of the company, and he answered in the positive.
Mr Cham told the Commission that they could not benefit from the Qatari company because their board was waiting for the outcome of the arbitration.
It was put to him that there was no document to show that the Qatari company has connection with the Kingdom of Qatar. He answered in the positive.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 24 Oct 2017 : 13:06:09
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Former ambassador appears before commission
The Point: Tuesday, October 24, 2017
http://thepoint.gm/africa/gambia/article/former-ambassador-appears-before-commission
Kebba Touray, former Gambian ambassador to Morocco, yesterday appeared before the Janneh Commission.
He told the commission that he is coordinating a Dutch company called Amberwood for three months, adding he was a civil servant.
The lead counsel told him that the commission was interested in the period he served as an ambassador in Spain.
He was made to understand that he was summoned regarding payments for the purchase of two ferries under the directive of the Office of the former President.
It was put to him that he signed the account in connection to the joint venture between the former government and Galia Holdings Ltd.
Mr Touray stated that he was informed about the joint venture when he travelled with some delegates to Greece, and that payment should be made to a Greek account.
He said he and Momodou Sabally were responsible for the disbursement of the funds.
At this juncture, he was shown a joint venture agreement to confirm whether he endorsed his signature, and he responded in the positive.
He further testified that he was part of the team that went to the place where the ferries were to be purchased, adding that Pa Harry Jammeh and other officials from GPA were part of the delegation.
Mr Touray adduced that the account was opened in Greece with 45% domiciled and payments were to be made to the sellers.
He posited that after this was done, the ferries were delivered, and that the account was closed, adding further that it was a project account.
He said forms were filled and signed for the operation of the account.
He disclosed that there was an agreement that the ferries should go under maintenance, and that they would be sent to The Gambia, adding that advice would come from the Greek bank to made payments.
Mr Touray stated that records could be found at GPA, SSHFC and the Ministry of Finance concerning the ferries.
He said he was made to understand that the ferries were not operational, further noting that inspection of the ferries was made but could not tell the suitability of the ferries to operate in Gambian waters.
Momodou Sabally, who was recalled, also testified.
He was told that he was recalled regarding the acquisition of the two ferries from Greece.
Mr Sabally then said that there was a letter from the Office of the former President instructing SSHFC to pay for the purchase of the ferries.
At this juncture, the letter was shown to him to confirm whether he signed it, and he said he signed it.
Mr Sabally posited that in 2011, he was instructed by his boss to travel to Greece to identify the ferries.
He said he came back, and that he was asked to be a signatory in the acquisition of the ferries.
He testified that the account was meant for the purchase of the ferries, further noting that they were working on the instruction from the Office of the former President, and that they sought clearance from the Office of the former President whether they could sign for payment.
He adduced that he could not remember opening the account, and could not either remember whether the account was opened.
He stated that Galia Holdings Ltd had a percentage to take care and the former government also had its percentage.
The managing director at GPA, Abdoulie Tambedou, was also recalled in relation to Galia Holdings Ltd joint venture with the former government.
He disclosed that his involvement started when he was the director of finance at the GPA.
Mr Tambedou adduced that he was invited by a taskforce, and was shown a directive that GPA and other companies should involve in the acquisition of the ferries.
He testified that GPA paid €1,170,000 as their first contribution, adding that the team that went to Greece informed him that they identified the ferries and required them to pay the balance, further stating that they sought from the Office of the former President before they made any payment.
Mr Tambedou narrated that the account details were contained in a memo brought by Kebba Touray and Momodou Sabally, adding that he did not see any statement as to how the account was operated.
He stated that he felt that Kebba Touray and Momodou Sabally would have managed the account.
He said he never saw receipts from the sellers for the purchase of the ferries.
Mr Tambedou testified further that he wrote to the Office of the former President that the purchase of the ferries should be substantiated.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 25 Oct 2017 : 13:12:58
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‘Commission of Inquiry actingin excess’says Bazi, Mazegi
The point: Wednesday, October 25, 2017
http://thepoint.gm/africa/gambia/article/commission-of-inquiry-actingin-excesssays-bazi-mazegi
Lawyers of businessmen Fadi Mazegi and Muhammed Bazzi have challenged the interim order of the Commission of Inquiry into the assets and financial activities of ex-President Jammeh, his family and associates.
In a suit filed at The Gambia Court of Appeal, the lawyers argued that the commission made the interim order “acting in excesses of its jurisdiction”.
The Commission of Inquiry and the Attorney General are the first and second respondents, respectively, in the case.
On 13 October, the commission issued an interim order prohibiting Bazzi and Mazegi, among others, from selling, assigning, mortgaging, charging or otherwise disposing of any of their movable and immovable assets directly or indirectly owned by them.
The assets include any of their companies or businesses in or outside The Gambia pending further order of the commission or the outcome of the inquiry.
The commission said the order was as a result of the fact that the duo have been identified by witnesses before the commission as close associates of former President Yahya Jammeh. As a result, the commission is required to investigate their activities by its term of reference.
But in their legal suit at the Court of Appeal, the lawyers of Bazzi and Mazegi said the commission, by issuing such interim order, acted in excess of its powers, therefore the order should be considered “null and void”.
The lawyers argued that the country’s constitution, as supreme law of the land, did not give powers to the commission to issue interim orders restraining them as witnesses to the commission, from dealing any and all of their assets in and out of The Gambia.
“The Commission of Inquiry did not have cross jurisdictional powers to freeze the business assets or other assets outside of The Gambia,” Victoria and Farage Andrews, counsels for the businessmen, said.
They are seeking an order from the courts for “a stay of execution of the interim order”.
“The Commission erred in law and acted in a manner which was contrary to the provisions of the Constitution and the Commission of Inquiry Act under which it was established,” the counsels further argued. “The Act does not empower the commission to issue interim freezing orders.”
In July, the government launched the Commission of Inquiry to look into the assets and financial activities of the former President Jammeh and his close associates.
President Barrow, swearing-in the commissioners, said the commission is mandated to look into the management of some public enterprises as well as assets and financial transaction of the former President and some of his associates.
The Minister of Justice, Aboubacarr Tambadou, said the commission, established under the Constitution, is tasked to report back to his ministry.
Its chair, Sourahata Janneh, said the commission is both quasi-judicial as well as investigative.
“It must be clearly understood that the commission is not a law court and has no jurisdiction to hold a criminal trial,” he said.
“The terms of reference of the commission did not empower it to issue interim orders. It is only a fact finding investigative commission with a mandate to make recommendations only after taking witnesses,” said in their file to the Court of Appeal.
The case is set to be heard on the 6th November.
Author: Sanna Camara |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 25 Oct 2017 : 14:57:43
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Naffie Barry testifies before commission
The Point: Wednesday, October 25, 2017
http://thepoint.gm/africa/gambia/article/naffie-barry-testifies-before-commission
 The Janneh Commission yesterday heard the testimony of the permanent secretary at the Ministry of Trade, Employment, Industry and Regional Integration, Naffie Barry.
She told the commission that in 2005, they were to attend a meeting in India.
She said that prior to leaving, there was a letter from India indicating that the former secretary of state, Balla Gaye, should sign the letter as the head of the delegation.
Mrs Barry adduced that the minister said he was not going to the meeting anymore, further stating that she went with Kebba Touray on behalf of the minister.
She posited that she had the authority to sign on behalf of the minister.
She testified that the loan was supposed to be a line of credit for the purchase of tractors, adding that she signed the loan agreement and forwarded it to the secretary general.
She posited that the Office of the former President then asked them to go on a mission to India, further noting that Njogu Bah, herself and Suruwa Jaiteh were part of the delegation of the mission to look at two companies for short listing.
Mrs Barry disclosed that they chose Mahindra which signed an agreement with the former government.
She testified that from the mission, they made a report.
At this juncture, a document was shown to her to confirm whether it was the report, but she said she could not remember it but it looked familiar.
She stated that an agreement dated 1 April 2006, was signed after they chose Mahindra, adding that it was signed by Suruwa Jaiteh.
Mrs Barry adduced that the signed agreement was for the purchase of 500 tractors.
She said she understood that the tractors were brought to the country but she did not see them, adding that the purpose of the purchase of the tractors was to mechanise agriculture.
She further posited that this was her understanding for the purchase of the tractors.
She stated that there was no follow-up by her ministry.
All the documents relating to the purchase of the tractors were tendered and admitted as exhibits.
Suruwa Jaiteh also testified. He said he was the permanent secretary at the Ministry of Agriculture.
He adduced that he is a consultant, adding that he retired in 1998 and got a contract in 2005 until 2006.
He testified that he was permanent secretary 2 for programme and budgeting.
Mr Jaiteh disclosed that in 2006 they were summoned to the Office of the former President to go to India to sign for the acquisition of Mahindra tractors.
He testified that there were some early arrangements between Mahindra and the former government.
He adduced that while in India, they were met by the High Commissioner of The Gambia, further noting that they chose the Mahindra tractors.
He said he signed for the 500 tractors.
He testified that by the time the tractors came, he was out of the system, adding that they were asked to look for a consortium of Gambian entrepreneurs to take care of the tractors.
He disclosed that Shyben Madi, Salif Jaiteh and M.A. Mboge were the entrepreneurs.
He stated that he was told that the tractors were taken to Kanilai by the former president and that Kanilai Family Farm was selling them.
Kebba Manneh, senior manager technical services at GPA, also gave evidence.
He said in 2011, he was involved in Kansala and Aljamdu ferries.
He adduced that he was with a technical team on a trip, adding that he was asked to summit his passport by someone to Foreign Affairs or State House.
He posited that the person rang off the phone, adding that he informed the former managing director, Momodou Lamin Gibba, who told him that they were on a meeting, and he the witness could talk to his team.
Mr Manneh adduced that he then talked to his team, and told them that they could go back.
He said when he came back, he surrendered his passport at the Foreign Ministry, adding that himself, Njogu Bah and Mustapha Yabo went to Greece but he did not know why they were going to Greece, but Njogu Bah later told him what their mission was about.
He stated that when they arrived, they inspected the ferries, adding that they had a meeting with counterparts.
Mr Manneh posited that he never attended any meeting when they came back, further noting that a draft report was sent to him but he did see the report itself.
He testified that he did not attend the taskforce meeting, adding that he told the team he was with that the ferries were not operational.
He said that no spare parts were sent for the ferries, adding that he never wrote any report neither did he raise any objection to the acquisition of one of the ferries.
Mr Manneh stated that he was not competent at the time to say that the ferries were not suitable to be used, adding that he had nothing to do with the ferries when they came.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12306 Posts |
Posted - 25 Oct 2017 : 18:21:38
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Lawyers can not go wrong they will always have a job !
ALL persons responsible for profiting from dubious business practices at the expense of others should be required to repay together with a penalty,financial or otherwise 
quote:
Originally posted by Momodou
‘Commission of Inquiry actingin excess’says Bazi, Mazegi
The point: Wednesday, October 25, 2017
http://thepoint.gm/africa/gambia/article/commission-of-inquiry-actingin-excesssays-bazi-mazegi
Lawyers of businessmen Fadi Mazegi and Muhammed Bazzi have challenged the interim order of the Commission of Inquiry into the assets and financial activities of ex-President Jammeh, his family and associates.
In a suit filed at The Gambia Court of Appeal, the lawyers argued that the commission made the interim order “acting in excesses of its jurisdiction”.
The Commission of Inquiry and the Attorney General are the first and second respondents, respectively, in the case.
On 13 October, the commission issued an interim order prohibiting Bazzi and Mazegi, among others, from selling, assigning, mortgaging, charging or otherwise disposing of any of their movable and immovable assets directly or indirectly owned by them.
The assets include any of their companies or businesses in or outside The Gambia pending further order of the commission or the outcome of the inquiry.
The commission said the order was as a result of the fact that the duo have been identified by witnesses before the commission as close associates of former President Yahya Jammeh. As a result, the commission is required to investigate their activities by its term of reference.
But in their legal suit at the Court of Appeal, the lawyers of Bazzi and Mazegi said the commission, by issuing such interim order, acted in excess of its powers, therefore the order should be considered “null and void”.
The lawyers argued that the country’s constitution, as supreme law of the land, did not give powers to the commission to issue interim orders restraining them as witnesses to the commission, from dealing any and all of their assets in and out of The Gambia.
“The Commission of Inquiry did not have cross jurisdictional powers to freeze the business assets or other assets outside of The Gambia,” Victoria and Farage Andrews, counsels for the businessmen, said.
They are seeking an order from the courts for “a stay of execution of the interim order”.
“The Commission erred in law and acted in a manner which was contrary to the provisions of the Constitution and the Commission of Inquiry Act under which it was established,” the counsels further argued. “The Act does not empower the commission to issue interim freezing orders.”
In July, the government launched the Commission of Inquiry to look into the assets and financial activities of the former President Jammeh and his close associates.
President Barrow, swearing-in the commissioners, said the commission is mandated to look into the management of some public enterprises as well as assets and financial transaction of the former President and some of his associates.
The Minister of Justice, Aboubacarr Tambadou, said the commission, established under the Constitution, is tasked to report back to his ministry.
Its chair, Sourahata Janneh, said the commission is both quasi-judicial as well as investigative.
“It must be clearly understood that the commission is not a law court and has no jurisdiction to hold a criminal trial,” he said.
“The terms of reference of the commission did not empower it to issue interim orders. It is only a fact finding investigative commission with a mandate to make recommendations only after taking witnesses,” said in their file to the Court of Appeal.
The case is set to be heard on the 6th November.
Author: Sanna Camara
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 25 Oct 2017 18:24:52 |
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Momodou
Denmark
11634 Posts |
Posted - 26 Oct 2017 : 18:18:38
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Amadou Samba faces commission
The Point:Thursday, October 26, 2017
http://thepoint.gm/africa/gambia/article/amadou-samba-faces-commission
 Amadou Samba, a businessman, who was accompanied by family members and relatives, yesterday appeared before the Janneh Commission.
His counsel, Lawyer Mary Samba, rose and told the commission that she was representing Mr Samba.
However, she raised some legal issues concerning the order made by the commission to restrains Mr Samba.
She said she had written to the commission regarding the order it made which was published by “The Point, and “The Standard” newspapers restraining her client.
She adduced that her client was served with a summon to appear before the commission, and was required to testify in relation to Euro Africa Group.
Counsel Samba argued that her client did not have the opportunity to hear the testimonies of the witnesses, adding that he was not also given the opportunity to cross-examine the witnesses.
She posited that it was the constitutional right of her client to be heard.
At this juncture, she referred to the constitution to support her argument, and she also referred to term of reference of the commission.
She further posited that the commission does not have the mandate to make the order it has already issued, adding that it should make recommendations but not an order.
She therefore urged the commission to discharge the said order published in the newspapers.
The lead counsel then rose and said that the interpretation made by Mr Samba’s counsel was misconceived.
She gave an example of the high court which has the power to make an interim order without the part being heard, adding that this does not make the order unconstitutional and this was what the commission should consider.
The lead counsel then referred the commission to clause 3 of its term of reference to support her argument.
She further argued that every person who comes to the commission is a witness, adding that Mr Samba has been named as close associates of the former president.
She stated that what was relevant was the evidence before the commission that they were substantiated, adding that the commission has the power to make the order without hearing the other party.
She further adduced that the commission is not a court and has its mandate, further noting that the commission was not constrained by what has been said in public.
“The interim order should be given the interpretation in the context it is written,” she argued.
She posited that there was nothing sufficient before the commission to set aside or vacate its order.
At this juncture, Lawyer Mary Samba rose and told the commission that if the lead counsel said that the order does not affect her client, then it was fine.
Ruling would be on October 30.
Amabou Samba then testified as saying that he knew the former president since 1994 through Pierre Kujabi, a Senegalese architect.
He posited that he started interacting with the former president when he started his business.
Mr Samba further stated that he did the Serrekunda Hospital, and the airport as well.
He said that people were saying that the former president was giving him contracts and this was why he closed his company.
He testified that he owned shares at Gacem, and that his percentage was 50% and Mr Bazzi also had 50% share.
He disclosed that he sold part of his share and was left with 20%.
Mr Samba stated that he has 12% at GTBank, and that Gamwater is not operating, because they used to run at a loss.
He adduced that every time the former president would ask him to give him some bottles of water when he had programmes.
He disclosed that he has 30% share in another company for refinery for vegetable oil, adding that Muhammed Bazzi received Hussein Zenedin’s share because they were frustrated.
It was put to him that there was a directive from the Office of the former President to pay his company, Gamveg, a sun of $700,000.
In response, he stated that he was not put in the picture when $700,000 was paid to Gamveg, adding that he and Mr Bazzi each had 50% share at the company.
Mr Samba further testified that he was not involved in the management of Gamveg, adding that Fadi Mazegy was the managing director of the company.
At this juncture, documents relating to his business and business partners were tendered and admitted in evidence.
It was put to him that there was a loan facility of $200,000 but he said he was not aware, adding that he was a signatory to the account where the loan was withdrawn but he had never signed a cheque or transfer.
Mr Samba adduced further that he had never received a bank statement from the said account, adding that there was never a board meeting at Gamveg, and that they realized that there was a competition and they decided to stop the business.
He said he would not know whether the $700,000 was refunded, adding that Gamveg was responsible for paying back the money.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 27 Oct 2017 : 08:51:46
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Over D335M Contributed By GPA, SSHFC for Acquisition of Gallia Ferries
Foroyaa: October 26, 2017
By Mamadou Dem
http://www.foroyaa.gm/archives/18587
Mr. Abdoulie Tambadou, the Managing Director of the Gambia Ports Authority, yesterday disclosed to the ‘Janneh’ Commission of Enquiry that the total cost contributed by both GPA and SSHFC for the Gallia ferries, amounted to D335,110,690.00.
The Ports MD testified that he was not aware whether the office of the former president has correspondence with regard to the procurement of the ferries.
According to GPA MD, the expected cost for the construction of slipways for the ferries was $500,000.00 noting that the total cost for Kunta Kinteh was 7,726,200.00 Euros but was quick to add that the office of the former president was not involved in the procurement of the said ferry.
Prior to Tambadou’s testimony, former Permanent Secretaries at the Ministries of Trade and Agriculture, were also summoned by the Commission with regard the acquisition of Mahindra tractors, in the form of a loan agreement between the Government of The Gambia and the Mahindra Company in India.
Naffie Barry, the permanent secretary at Ministry of Trade, Employment and Regional Integration, told the Commission that in November 2005, a delegation comprised of Balla Gaye, former Finance Minister and the former Chief Executive Officer of then GIPZA, went to India for a conclave and during the visit, a loan agreement was signed for the purchase of tractors.
According to Mrs. Barry, she and Kebba S Touray, signed the loan agreement on behalf of the then Minister Balla Gaye, after they were given authority to sign on behalf of the minister.
She explained that part of the agreement was the supply of 500 tractors with guaranty as well as an assembly plant; that the total loan was $6.7 million which she said, was signed by the then permanent secretary at the Ministry of Agriculture, Suruwa B Jaiteh.
Upon return from India, Mrs Barry said she forwarded the signed agreement to permanent secretaries at the Foreign Affairs and Ministry of Finance, as well as the Secretary General, office of the former president.
Madam Barry further explained that it was based on the instruction of the Secretary General that the delegation was formed to visit India, after the Gambian consular had shortlisted two Companies for the procurement of tractors and that they decided to choose Mahindra; that the agreement was signed between the former Government and the Company.
She recalled that upon their return from India, a report was made but she could not find the said report but was asked by the Commission Counsel Amie Bensouda, to find out and make it available to the Commission. However when shown a report by the Counsel, Mrs. Barry said it looked familiar but could not confirm as the one before the commission. PS Barry revealed that after recommending the Mahindra tractors, an agreement was signed on 12 April 2006, and the desire was for the tractors to be 500 units with the guaranty which she said, was signed by Suruwa B Jaiteh, the then Ps agric.
She finally testified that she was informed that the tractors arrived but could not tell the Commission what happened to the said tractors, noting that she believed the purpose of the tractors was for the mechanisation of farming and creation of employment.
Next to give evidence on the Mahindra tractors was Suruwa B Jaiteh, the former PS Agric who retired in 1998 but was on contract from 2005-2006, before he became a consultant.
Mr. Jaiteh said during his capacity as Permanent Secretary 2, he was responsible for programs and budget, at the Ministry. He told the Commission that in 2006 they were summoned by the office of the former president to sign for the Mahindra tractors on behalf of Government, by the then Secretary General, Mambury Njie. Asked by Counsel Bensouda whether there was any proposal for the acquisition of the tractors by the Ministry, he responded in the affirmative noting that in India, they conducted an inspection of Companies regarding tractors and Mahindra was chosen to be the supplier of the tractors.
Mr. Jaiteh further told the Commission that he signed for the acquisition of 500 tractors with Mahindra adding that by the time the tractors arrived, he was out of the system but arrangement was made with the Ministry of Finance for a consortium of Gambian entrepreneurs who can contract the tractors on loan.
However, He said he did not know whether the consortium was formed because he was sent to jail but was informed that the former president took over the responsibility of the tractors and kept them at KGI.
Kebba Manneh, Senior Manager, Technical Service at the GPA, also gave evidence on the Joint Venture Agreement for the purchase of Aljamdou and Kansala ferries.
Momodou Lamin Gibba also testified on the Gallia ferries in his capacity as the then Managing Director of SSHFC, as well as PS Local Government, who continued his evidence on the land leased to the Gambia Milling Corporation and other matters.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 28 Oct 2017 : 21:34:53
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Janneh Commission Visits State House & Mechanical Workshop
Foroyaa: October 27, 2017
By Mamadou Dem
http://www.foroyaa.gm/archives/18611#more-18611
The ‘Janneh’ Commission yesterday embarked on a site visit to state house in Banjul and other areas for the second time, as part of a fact finding mission in the financial dealings of the former President, Yahya Jammeh, who has been living a luxurious life for the past two decades, before going into self-imposed exile.
The delegation headed by the Chairman of the Commission Sourahata Janneh, included Commission Counsel Amie Bensouda and other members of the Commission. They were received at the State House by the Secretary General Dawda Fadera and the Government’s vehicle controller Nfamara Saidyba. They were taken on a conducted tour to assess the luxury vehicles owned by the former president.
At the state house, over one hundred vehicles including limousines, Rolls Royce and designer vehicles owned by the former president, were invented and parked by the authorities during the political impasse. The delegation visited the Battery Flat Apartment at State House purposely allocated to VIPs during occasions. The apartment has a total of six bedrooms. The delegation also visited the $88 million tent and red carpets.
From state house the delegation proceeded to the temporal State House in Fajara were they assessed the vehicles bought by Jammeh and which is also currently used by President Barrow before proceeding to Futurlec building and Maintenance Service Company (MSC) in Kotu, were 255 vehicles including tractors and buses, were parked for services and maintenance.
According to the Government’s vehicle controller Nfamara Saidyba, 21 vehicles are currently parked at Futurlec building and needs service and maintenance. Saidyba also informed the delegation that by next month, they will embark on a nationwide inventory tour to collect all the tractors and assemble them at one place, since they have authority from the Commission.
Meanwhile the visit to Kanilai by the Commission, was rescheduled to another date. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 31 Oct 2017 : 14:41:52
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Commission rules against Amadou Samba’s lawyer
The Point: Tuesday, October 31, 2017
http://thepoint.gm/africa/gambia/article/commission-rules-against-amadou-sambas-lawyer
Surahata Janneh, the chairman of the commission that is looking into the assets and financial transactions of former President Yahya Jammeh, yesterday made a ruling against Amadou Samba’s lawyer, Mary Samba.
This development followed the application made by Lawyer Mary Samba on 25 October 2017, for the commission to discharge the interim order it made to restrain her client, Amadou Samba.
In his ruling, Mr Janneh told the commission that Mr Samba was free to apply to the commission to discharge the order it made to restrain him, adding that it was only Amadou Samba who made an application for the commission to discharge the order through his lawyer.
He said that no relevant argument was made by Mary Samba for the commission to discharge its order.
At this juncture, he referred to the commission of inquiry set by the AFPRC in 1994, adding that it was not the APRC that instituted the commission of inquiry.
Mr Janneh further posited that Mr Samba and others have been named as associates of the former president, adding that millions of money have been lost, and that the loss is colossal.
He adduced that the interim order of the commission was not inconsistent with the mandate of the commission.
He said that the application made by Mary Samba on behalf of Amadou Samba to discharge the interim order of the commission was rejected.
At this juncture, he referred to the rules of the High Court, and also cited a Nigerian authority to support his ruling.
Mr Janneh told the commission that the argument made by Mary Samba that her client was not given a fair hearing was also rejected by the commission.
He further stated that the application failed in its entirety, and was dismissed.
The other two commission members said they agreed on the ruling made by the chairman, Surahata Janneh.
Mary Samba then applied to the commission to get a copy of the ruling and records of proceedings.
Mr Janneh advised her to get in touch with the secretary to make available to her the ruling and the records of proceedings.
Mr Janneh then announced that the commission was adjourning the sittings until 7 November 2017, for a recess for a week.
The lead counsel, Amie Bensuda, then said that Amadou Samba would be required to continue his testimony on 13 November.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 09 Nov 2017 : 12:09:48
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Kalilu Bayo taken to task by Janneh Commission
The Point: Wednesday, November 08, 2017
http://thepoint.gm/africa/gambia/article/kalilu-bayo-taken-to-task-by-janneh-commission
Kalilu Bayo, the former secretary general at the Office of the former President Yahya Jammeh, was yesterday taken to task by the Janneh Commission.
In his testimony, he told the commission that he is a retired civil servant and an independent researcher.
He adduced that in 1997, he started with the Ministry of Economic Planning.
He said he also worked with the former president, Sir Dawda Jawara.
He was reminded that he became a signatory to some accounts as secretary general.
Mr. Bayo posited that he was asked to sign some certain accounts, further noting that he was not comfortable because he had no knowledge about the accounts.
He said there were some officials who were signatories to some accounts.
He was then shown a document which was brought earlier to the commission by Nuha Touray, and was asked to confirm whether he had signed it.
He confirmed that he signed the document.
It was also put to him that he had approved the withdrawal of $100,000 and paid to Sanna Jarju.
He argued that the date on the letter directing him to sign for the withdrawal of the said money was not correct, but he endorsed his signature on the document.
It was again put to him that he did not realise that the date was wrong and yet he signed it.
He said he remembered Sanna Jarju coming into his office for the withdrawal of the $100,000, which was meant for the former president’s trip, adding that he could not tell the former president that he could not use such an amount of money to travel.
Mr. Bayo stated that he had no choice because the former president had already made a directive for the withdrawal of the money.
He was at this juncture reminded that he signed for the withdrawal of €150,000, $200,000 and €65,000 respectively.
He was then asked the purpose of paying €150,000, but he said he did not know, adding that it was a transfer.
Asked about the $200,000 paid to Sanna Jarju, he confirmed that he signed for the payment, further noting that the purpose was for a trip.
Mr. Bayo also confirmed that he endorsed his signature for the payment of €65,000 to Sanna Jarju.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 09 Nov 2017 : 12:20:41
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Former Gov’t Executives Testify Before ‘Janneh’ Commission
Foroyaa: November 8, 2017
By Mamadou Dem
http://www.foroyaa.gm/archives/18934
Dr. Kalilou Bayo
The former Secretary General and Head of the Civil Service, Dr Kalilou Bayo and the Human Resource and Admin Manager at the Social Security and Housing Finance Corporation Babucarr Foon, yesterday appeared before the ‘Janneh’ Commission. The Commission resumes from a short recess that started on the 25th of last month.
When he was called, Dr. Bayo testified that he is a retired Civil servant but currently a researcher and Writer and also provides consultancy services; that he was appointed as Secretary General in 2014 to early 2015. Dr. Bayo was summoned to explain monies withdrawn from Access and Sky Bank while serving in the said portfolio and also as a signatory to the accounts.
Explaining his functions or duties as Secretary General, he said he used to advise the president on certain issues regarding file work and speech writing. He said the Secretary General is the accounting officer at the office of the president but that he did not have all those powers vested in accounting officers.
According to him, he was asked to submit his signature to a certain account which he said he had no knowledge of and which bears many signatories to the said account; that he asked for those signatories to be removed but his request was turned down after writing a memo, and had no choice but to be a signatory to the account.
The witness further testified that he was a signatory to the GNPC account together with the former president, noting that the $100,000.00 paid to Sanna Jarju on January 16th 2014, bears his signature; but that he was not in office by then which he said might be an error.
Dr. Bayo however stated that he might not know the purpose of the money paid to Sanna Jarju but that if shown the right date, probably he would be able to explain the purpose of the money. He acknowledged that Sanna Jarju once came with a cheque regarding their holiday trip in Dubai.
On the withdrawal of €150,000.00; $200,000.00 and €65,000.00, he explained that the first payment which was paid into the former president’s account, was a request from him (the former president) but he did not know the purpose of the money; while the $200,000.00 was a payment made to Sanna Jarju for their trip to Dubai. Dr. Bayo is however expected to reappear today, to shed light on other payments.
Mr. Baboucarr Foon
Meanwhile, Mr. Babucarr Foon earlier gave evidence and produced a bunch of documents ranging from the list of board members, directors and work about board resolutions on loans and investments of the Corporation, which were admitted as exhibits.
Responding to Commissioners on the issue of the Board Chairman signing on the minutes of meetings, the witness said it is not a requirement for him as Secretary to the Board to go back and get the Chairman to sign after he returned to the jurisdiction. However, Commission Counsel George told him that the Chairman ought to have signed upon his return, hence the action or a transaction had been carried out.
According to Mr. Foon, during normal board meetings, SSHFC Management usually prepares a board paper and presents it to the board based on the subject matter. He finally testified that he will relay to the board as to whether people should continue contributing to SSHFC or should they do it in-house and keep their money away from risk.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 09 Nov 2017 : 20:18:04
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Ex-President Jammeh’s practice was entrenched, Kalilu Bayo tells the commission
The Poine: Thursday, November 09, 2017
http://thepoint.gm/africa/gambia/article/ex-president-jammehs-practice-was-entrenched-kalilu-bayo-tells-the-commission
With revelations from the former secretary general, Kalilu Bayo, the Janneh Commission was yesterday made to understand that former President Yahya Jammeh’s practice was entrenched as he reappeared before the commission.
Mr. Bayo was shown a document to go through, which he did.
He was then reminded that the document was in relation to a payment of €65,000 to BPI Tourism and Services from GNPC account at Skye Bank.
At this juncture, the said document was tendered and admitted.
He was again shown documents showing the purchase of gold coins on behalf of the former president, but he said he could not remember them.
Mr. Bayo stated that payment for the gold coins was made from the GNPC dollar account at GTBank.
The counsel revealed that the gold coins were meant for the 22nd July celebration, but he said he did not know why the gold coins were ordered, and he could not tell the commission whether the gold coins had arrived.
He adduced that if travel allowances were made for the former president, it should come from the national budget.
He was asked whether it was normal for the former president to be a signatory to a corporate account, and he said that the former president should not be a signatory to any account.
Mr. Bayo narrated that it was difficult to advice the former president to do the right thing, adding that one could fell the former president’s temper.
He testified that threats came from culture of command and control.
It was put to him that since this was the case, he never walked away but stayed.
In response, he said he was removed.
The next witness was the Managing Director at GTBank, Mr. Ayodele Bolaji.
He was told that he was recalled in relation to Gamveg Oil Company.
He then told the commission that Amadou Samba, Muhammed Bazzi and Fadi Mazegi are the current signatories to the account of the company, adding that Mr. Bazzi was the managing director.
At this juncture, an account opening information, dalasi, dollar and euro accounts, and bank statements of the company were tendered and admitted as exhibits.
It was put to him that in 2011, the former president attempted to purchase Gamveg Oil Company to the tune of $700,000 from Central Bank account.
In reply, he posited that Gamveg Oil Company was owing $3,000,000 to GTBank and this was why the bank was not involved in the sale of the company.
Mr. Bolaji stated that KGI asked for a loan of $2,000,000 and there was a letter to this effect, and signed by Ousman Bojang.
He further testified that another loan of $2,000,000 was given to SSHFC from the bank.
Cherno Marena, the solicitor general, also testified in relation to Galia Holding Ltd. and The Gambia Food and Feed Industry.
He said it was the subject of arbitration between Gonaco and the Gambia government.
He adduced that the former government was supposed to supply heavy oil to Gonaco but failed.
He said Gonaco then sued the former government and claimed $32,000,000.
He stated that the former government went for a settlement with Gonaco, and the former government decided to compensate Gonaco the sum of $4,600,000.
Mr. Marena disclosed that there were negotiations for the settlement on 6 May 2011, adding further that when settlement was reached, the secretary general was informed.
Documents relating to the arbitration were tendered and admitted in evidence.
He said that the agreement was that the former government would be the sole owner of GFFI, adding that the settlement sum should be from the central government fund.
He also stated that there was another arbitration between Galia Holdings and the former government, adding that the subject of the arbitration was about two ferries which were purchased but were not operational.
Mr. Marena posited that Galia Holdings Ltd. claimed the sum they had invested and also claimed losses, adding that the arbitration was challenged by the former government and it is still on.
He said that hearing has not started and the current cabinet has been informed.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 14 Nov 2017 : 14:33:07
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Amadou Samba Reappears before Janneh Commission
The Point: Tuesday, November 14, 2017
http://thepoint.gm/africa/gambia/article/amadou-samba-reappears-before-janneh-commission
Amadou Samba was yesterday recalled by the Janneh Commission and reminded that he had earlier told the commission that he had nothing to do with the sale of Gamveg Oil Company Ltd. and that Mr. Mazagi was responsible.
He said he did not sign any document, further stating that he was never involved in the whole transaction.
Mr. Samba told the commission that there was nothing to show that he was part of the transaction, adding that everything was negotiated in his absence.
He said that the transaction was fake accomplice.
He adduced that one could not dare stand in the way of the former president; further noting that he had no choice.
At this juncture, he was referred to some letters, which he said he was seeing them for the first time.
Mr. Samba posited that Mr. Bazzi brought the contract for him to sign, adding that it was almost consummated.
He testified that his signature was not on the work about resolution, and that he was against the contract.
He adduced that he did not talk to the members of the board of SSHFC to raise concerns, adding that it was risky to have done so.
Mr. Samba disclosed that the former president had told him that he did not send Pa Bojang for SSHFC to lend KGI $2,000,000, and this was why he told the board members to return the money.
He testified that he was aware that the former president owned the Kairaba Beach Hotel, further noting that he was the chairman of the board of the hotel after it was bought by MA Karafi.
He posited that he was never invited by the former president when the hotel was being sold, adding that documents for the sale of the hotel were signed by Lawyer Edward Gomez.
Mr. Samba revealed that he and his partners bought Sun Beach Hotel.
He stated that all decisions concerning Kairaba Beach Hotel were made by Baba Jobe, who bought it from Side Gambia Investment Ltd.
He said it was the general manger, Robert Aswanden and Baba Jobe who were doing everything concerning the running of the hotel, further indicating that it was Side Gambia Investment Ltd. that sold the hotel to Baba Jobe.
Mr. Samba stated that Baba Jobe and Lang Conteh transferred their shares of the hotel to the former president’s company called the Millennium Industrial Trading Ltd.
He was asked how he knew that the former president owned the Millennium Industrial Trading Ltd. and he said he made some research, and that his lawyer, Mary Samba, also made some documents available to him in connection to the said company.
Mr. Samba was then asked whether he was close associate of the former president, but he said that “if you associate with the former president in business, he would take all the money.”
He said he was just a friend to the former president, adding that he was involved in cement and fisheries business.
He testified that the former president found him already established in business.
Mr. Samba told the commission that the former president would make unnecessary demands and would never pay back, further stating that the former president used him for his advantage.
He revealed that he wanted to leave the country because he felt that it was risky to stay here, and that he feared for his life.
He testified that he had never managed the former president’s properties but he managed in hardship under his government.
Mr. Samba adduced that he had never sat with the former president to discuss Kairaba Beach Hotel, adding that everything was centred between Baba Jobe and Robert Aswanden, the general manager.
He said that it was Aswanden who told him that the stock was not part of the sale of the hotel.
He denied that Boto Sonko had sat with him and discussed the sale of the hotel, adding that it was Mr. Aswanden who took Mr. Sonko to his lawyer, Mary Samba.
He was asked whether he had business with the former president or worked with him, and he answered in the negative, noting further that the former president never involved him in his business.
He denied that the former president gave him $9,000,000 to transfer.
Mr. Samba confirmed that he went to the Office of the former President and they used to speak on the phone, stating further that they only had social relation.
He revealed that he supported APRC financially and was also a party member, adding that the former president would engaged him when he needed foreign currencies.
Mr. Samba said that he never knew that one day he would face such a commission.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Janneh Commission of inquiry on Y. Jammeh's assets
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