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Momodou
Denmark
11635 Posts |
 Posted - 26 Sep 2018 : 11:45:30
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‘Balla Jasseh was not a close associate of President Jammeh’
The Point: Wednesday, September 26, 2018
http://thepoint.gm/africa/gambia/article/balla-jasseh-was-not-a-close-associate-of-president-jammeh
Malick Mba’I, counsel for Bala Jassey, a telecom expert and proprietor of Mobicel Company, yesterday addressed the Janneh Commission on behalf of his client and stated that Mr. Jasseh was not a close associate of the former president.
Lawyer Mba’I, in his address, told the commission that his client was summoned on 31 January, 2018, and testified before the commission. He stated that his client was not involved in the gateway international but testified in relation to Mobicel.
He said the commission should verify the evidence in relation to Mobicel, MGI and the international gateway before coming to a conclusion, further stating that in determining the evidence, the commission should find out whether it is relevant and consistent.
Counsel Mba’I further told the commission that Mr. Kebbeh did not give any substantial evidence before the commission, indicating that his evidence was fabricated and not substantiated. He also dwelled on the evidence of Mr. Mendy of GAMTEL, and said that his evidence was not credible.
He adduced that the evidence before the commission indicated that Mobicel and MGI were just giving technical support, and that Mr. Jassey issued invoices concerning payments before the commission.
He went on to say that it was not proved that Mobicel and MGI were paid a sum of money as stated before the commission, noting that Mr Kebbeh could not confirm that D28,000,000 was more than what should have been paid to the said companies.
He stated that Sarjo Khan said in his evidence that GAMTEL lacked the training to deploy the CISCO unified telecommunication system, adding that it was not proved that GAMTEL had the capacity to deploy the said system.
He further disclosed that Gamtel entered into a contract with Mobicel for the installation of a telecommunication system at the National Assembly, and that Mobicel did the contract satisfactorily.
Counsel Mbai’l said that it was normal to give donation to the former First Lady’s foundation, and there was nothing wrong with Balla Jasseh giving donation to the foundation, adding that Mr. Jassey had no financial dealing with the former president.
He argued that the evidence presented before the commission could not justify the interim order made by the commission against Mr. Jassey, further stating that Njogu Bah denied in his evidence that he was present when the alleged bribery of US$2,000,000 was given to the former president.
He went on to say that Mr. Bah’s evidence was not reliable, and did not corroborate to the evidence before the commission, further indicating that evidence against Mr. Jassey was fabricated and was done in hatred.
At this juncture, Counsel Bensouda told the commission that she would like to reply to the address made by Counsel Mba’i. Then Chairman Surahata Janneh told her that notices would be issued for her to reply.
Edrissa Mass Jobe, an engineer, was also summoned in connection to the Gam Petroleum storage facility at Mandinary. He confirmed that he became involved in the company and that he was the director at the storage, adding that Mandinary was the best place for the storage facility.
He testified that he worked for Shell Company for 12 years, further disclosing that he was identifying an appropriate place for the facility. He adduced that he went to the said village where he found a place which was suitable for the storage facility, indicating that he was doing the project for himself.
Mr. Jobe told the commission that he did not identify the location at Bonto, and that his first concern was for a storage facility to be built at Mandinary. He stated that unfortunately he did not have the money to build the facility at Mandinary, adducing that he did not know that the land was acquired from the villagers.
He testified further that he was not paid by Amadou Samba and that he was just representing him to acquire the land. At this juncture, he was shown an environmental impact assessment document, which he confirmed. He revealed that he was aware of an amount of money given to the villagers, but did not know how much the land was evaluated for.
His statements were shown to him which he confirmed, and he added that he was not involved in the negotiation of the compensation to be given to the villagers. He went on to say that he was not aware of the transactions taking place.
Prince Ebrahim Sanyang, the managing director of Royal Africa Capital Holding Company Ltd. failed to appear before the commission. The secretary to the commission then informed the commission that Mr. Sanyang was served through “The Point” and “The Standard” newspapers.
Sitting continues today.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11635 Posts |
Posted - 28 Sep 2018 : 11:26:26
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Emporium renovates Ocean Bay for $6.5M
The Point: Thursday, September 27, 2018
http://thepoint.gm/africa/gambia/article/emporium-renovates-ocean-bay-for-65m
Ms. Laly Diab, one of the proprietors of Emporium Constructions, yesterday told the Janneh Commission that Emporium renovated Ocean Bay Hotel to the tune of $6.5 million.
She was summoned in connection to a contract awarded to their company to refurbish and renovate the said hotel.
According to her, Emporium was invited by SSHFC to submit a bit for the renovation of the hotel, noting that she could not confirm whether the invitation was verbally done or written. She testified that Mr. Robert Aswanden was the consultant, further stating that they corresponded with him (Aswanden).
At this juncture, she was given some documents to peruse, which she did. She confirmed that the documents were the correspondences she sent to the consultant. The said documents were tendered and admitted in evidence.
Counsel Batchilly asked her whether she knew the circumstances that led SSHFC to invite Emporium to submit bids, and she answered in the negative. It was put to her that after Emporium submitted a bid, it was invited to make proposals. She then responded in the positive.
Ms Diab told the commission that Mr. Amadou Samba was the board chairman, adding that she was instructed to attend a meeting with him. She went on to say that she and Mr. Samba have friendly relationship.
Counsel Batchilly told her that she was asked to produce some documents, such as contracts. She responded that she did not bring them along because she could not find them.
The businesswoman informed the commission that the cost of the contract for the renovation of the hotel was $6.5m; adding that the company signed the contract with SSHFC and that the contract was after February, 2003.
At this juncture, she was asked whether before the contract Emporium carried out any major project. In response, she said they did not do any contract before the one they had with SSHFC.
According to her, the company was incorporated the year they were awarded the bid, further stating that they did a complete refurbishment of the hotel. She adduced that the cost of the variation which was added on the contract cost was to the tune of $1,053,837.
Document relating to the variation sum was tendered and admitted as exhibit. She was asked whether she could recall the additional works Emporium did, but she said she could not remember.
It was put to her that they did not deliver on time but insisted that they did. At this juncture, she was given some letters to go through, which she did. The said letters were tendered and admitted in evidence.
She revealed that the contract was the biggest contract they ever had.
Ms. Diab told the commission that the company completed all the works; adding that she made a statement to the investigators which she endorsed. The said statement was also admitted in evidence.
The commission resumes today.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11635 Posts |
Posted - 28 Sep 2018 : 13:14:39
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Jammeh finally forfeits properties within TDA to Gov’t
The Point: Friday, September 28, 2018
http://thepoint.gm/africa/gambia/article/jammeh-finally-forfeits-properties-within-tda-to-govt
The government of The Gambia has been ordered to take full possession and control of Ex-President Yahya A.J.J. Jammeh’s leased properties within the Tourist Development Area (TDA) most particularly around the Brufut Heights, Batokunkun and Tanji village in the Kombo South District of West Coast Region.
Justice Ebrima Jaiteh of the High Court in Banjul made the order following a ruling premised on an ex-parte application filed by the Attorney General.
The Attorney General prayed the said court for an order discharging the freezing order made on the 22nd of May, 2018, on five properties situated within the Tourist Development Area (TDA) with serial number; K318/2008, K354/2009, K355/2009 and K176/12.
According to the affidavit in support sworn by one Kebba Ceesay, director of Department of Lands, it revealed that in the early 2017, the Attorney General and minister of Justice initiated criminal investigations into the activities of the Gambian president, Yahya Jammeh who was the head of State of the Republic of The Gambia between 22nd of July 1994 and January 2017.
The affidavit also revealed that fearing that Yahya Jammeh may seek to dispose of and/or dissipate his assets before the conclusion of investigations in order to undermine any of recovery by the State should adverse findings be made against him, the Attorney General sought and obtained from the High Court an order freezing a number of movable and immovable properties.
The deponent further revealed that the Attorney General’s investigations gave rise to the constitution of the Commission of Inquiry into the financial and business dealings of the former president, as well as several other trans-national and cross border inquiries and investigations into possible international money laundering activities and illicit trafficking of timber by the Ex-president and his close associates.
It was established that Ex-President Jammeh constantly failed to pay annual Land rent for the said properties situated at that area, designated by the State as a Tourism Development Area from the State and by issuance of the leases to him was in clear breach of the lease condition.
The affidavit disclosed that the Janneh Commission has unequivocally given its ‘no objection’ to the use of said lands by the State so as permit the State to proceed with its planned use in preparation for the Organisation of Islamic Coorperation (OIC) summit to be held in the country in November, 2019 and to allow for the development of the designated area in line with the development agenda of the State for the area.
Furthermore, in Exhibit ‘LYJ1’ attached to the supporting documents, it disclosed that the urgency of securing the release of these areas is compounded by the Gambia’s selection to host next year’s Organization of Islamic Coorperation (OIC) Heads of State Summit in November, 2019.
It further disclosed that the meeting will see the participation of some 56 foreign delegations with 40 heads of state and government in attendance and an estimated 2000 members of delegation and Press.
In Exhibit ‘LYJ2’ a letter from the chairman of the Commission of Inquiry (Janneh Commission) to the Attorney General in respect of the former president alleged properties within the Tourism Development Area (TDA).
The chairman states ‘following site visits and discussions with all relevant government stakeholders that, the commission has no objection to the release of any parcel or portion of land within the TDA as delineated in the plan but except the Bijilo Forest Park ( Monkey Park) and Tanji Bird Reserve.
Justice Ebrima Jaiteh after perusing the averments contained in the supporting affidavit declared that the application was meritorious and accordingly granted the application to discharge the freezing order in the nutshell for the Gambia government to take possession of the said properties.
Author: Bruce Asemota |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11635 Posts |
Posted - 04 Oct 2018 : 14:36:56
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Jammeh became the supreme law of the land, not the constitution says Mary Samba
The Point: Thursday, October 04, 2018
http://thepoint.gm/africa/gambia/article/jammeh-became-the-supreme-law-of-the-land-not-the-constitution-says-mary-samba
Mary Samba, the attorney for Amadou Samba, yesterday addressed the Janneh Commission and said that the former president, Yahya Jammeh, became the supreme law of the land and not the constitution.
She was addressing the commission on wide range of issues affecting her client. She said that Mr. Samba testified concerning his financial dealings, noting that he was issued with 20 summonses and he cooperated with the commission.
According to her, Mr. Samba testified on the entire summonses issued to him, adding that he swore to some affidavits and he relied on them. She further submitted that his first appearance before the commission was on the 23rd October, 2017. She argued that there were orders published in newspapers in relation to the freezing of his assets.
Ms. Samba told the commission that her client was not given the opportunity to react to the allegations against him. Still addressing the commission, she stated that the investigation of the commission should be carried out properly, with accuracy and impartiality.
At this juncture, she referred to some authorities, including a Caribbean authority to support her argument, further indicating that the witnesses should have testified under cross-examination.
Samba’s lawyer submitted that her client challenged the said orders which have detrimental effects on the business of her client, and she referred to the definition of a ‘close associate.’
She adduced that the witnesses failed to substantiate their claims and urged the commission to dismiss such pieces of evidence, noting that her client was not a close associate of the former president. Counsel Samba went on to say that her client started business when the former president was going to school, further indicating that Mr. Samba never benefited from the former president and his government.
At this juncture, she referred the commission to the proceedings of 13th November, 2017, and said that the former president took advantage of her client’s business, and that no one dared to challenge the former president.
Ms. Samba further argued that the former president undermined her client’s business, noting that he used his client to his financial advantage. She added that the former president interfered in the political dispensation of the country, noting that Mr. Samba suffered in the hands of the former president.
Still arguing, she told the commission that discussions of Mr. Samba with the former president were on social issues, and that the former president was competing with Mr. Samba.
She disclosed that the commission should verify the evidence of the witnesses before coming to a conclusion; adding that Mr. Samba has not helped neither has he associated himself with the former president.
She told the commission that there was no evidence that Mr. Samba was involved in a project initiated by Pierre Kujabi (Atepa). She therefore urged the commission to accept the testimony of Mr. Samba.
At this juncture, she referred to some companies in which Mr. Samba was a shareholder, and said that the former president never paid rent to Mr. Samba for his building he rented. She also called upon the commission to disregard the testimony of Mr. Momodou Lamin Sonko of Kharafi Group, because he was discredited under cross-examination.
Kissima Kabba, a businessman, appeared before the commission to explain about the land transaction transpired between him and the former president.
Testifying before the commission, Mr Kabba said he never worked in the public service. At this juncture, he was reminded that he made a statement to the investigators, which he confirmed.
He was told that there was a deed of gift for a land at Fajara Booster Station and Kotu. In response, he told the commission that he bought the land at Fajara and he wanted to sell it but was told by Pa Ousman Bojang that the former president was interested in the land.
He recalled that Mr Bojang told him that instead of former president buying the land, he would be given a land at Kotu with some money, noting that he spent D20, 000,000 on the land at Fajara.
Mr Kabba adduced that he wanted to live on the property at Fajara with his family, stating that he told Mr Bojang that he lost D10, 000,000 on the said property.
He further informed the commission that Mr Bojang told him that they would not make a transfer but a deed of gift, but he told Mr Bojang that he would not sign the deed of gift if he was not given the money he was promised.
He disclosed further that no one signed the deed of gift which was prepared by Mr Bojang. Mr Kabba stated that he was given a letter, indicating that Mr Bojang and the former president accepted the deed of gift, adding that he never met the former president.
He went on to say that he applied for a property at Bertil Harding Highway. At this juncture, he was shown a deed of gift prepared by lawyer Badou Conteh, which he perused and confirmed.
Mr Kabba said the document prepared by Badou Conteh was a copy which he confirmed he endorsed his signature.
He was again shown another document in relation to the property at Bertil Harding Highway. He went through the said document and testified that he did not value it.
Counsel Bensouda put it to him that it was Mr Bojang who asked him to put an application so that he would be allocated a land at Kotu, but he said he bought the said land. Again, it was put to him that the deed of gift for the land at Fajara was not meant for Kanilai Family Farm but for the former president, which he confirmed.
Mr Kabba testified further that the land at Fajara is in his possession. Then Counsel Bensouda put it to him that the said property has remained the same without any development. He answered in the positive, adding that the property is occupied by his people.
Mr Kabba, however, denied that the former president asked him to apply for a property situated at Kotu, stating that the matter was in the hands of the commission.
At this juncture, documents relating to the properties were tendered and admitted in evidence.
He further informed the commission that he had a letter he wrote to the former president asking for the sum of D10,000,000 which he was promised, adding that Mr Bojang then wrote back to say that he and the former president cancelled the deed of gift.
He finally disclosed that he spent US$400,000 on the land at Fajara.
The commission resumes today.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11635 Posts |
Posted - 05 Oct 2018 : 13:47:08
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Samba’s attorney urges commission to discharge interim order against client
The Point: Friday, October 05, 2018
http://thepoint.gm/africa/gambia/article/sambas-attorney-urges-commission-to-discharge-interim-order-against-client
Mary Samba, the counsel for Amadou Samba, yesterday urged the Janneh Commission to discharge the interim order against Mr. Amadou Samba.
She was continuing her address on issues affecting her client. She said Mr. Samba exclusively owns the companies she cited earlier.
According to her, the business tycoon, Mr. Samba, testified before the commission that the former president used to ask him to negotiate properties on his behalf and then referred the commission to some of the exhibits before it. She added that Mr. Samba explained the circumstances in which a property was acquired at Tobacco Road in Banjul.
On the Observer Company, she said the commission was interested in the sale of the company, adding that Mr. Samba was approached by one Mr. Thomas who said he (Thomas) was interested.
She further told the commission that Mr. Samba told Mr. Thomas that he would transfer ownership of the company to him. She added that the Memorandum and Articles of Association of the company showed that there was transfer of ownership to Baba K. Jobe and others.
Continuing her address, she urged the commission to accept the testimony of Mr. Samba regarding the sale of the “Observer” newspaper. She submitted that the leased building at Kairaba Avenue (Traffic Light) was properly acquired in accordance with the 1997 Constitution and the Lands Act respectively.
She went on to say that it was confirmed by the former minister of Lands that the said property was allocated to Mr. Samba for commercial purposes. “There was no confusing evidence to show that the land was acquired in the right way,” she submitted.
At this juncture, she referred the commission to Section 13 Sub-section 3 and 4 of the lands Act , which she said explained how lands are allocated. “I therefore urge the commission to consider the laws for allocating lands and also hold that the land was properly acquired by Mr. Samba,” said Counsel Samba.
According to her, there was an executive directive from the former president for the purchase of 5% share of the Qatari Company by SSHFC but this was not a decision from SSHFC board of directors, which she said was just a rubber stamp board under the former president.
She further disclosed that Mr. Samba had explained to the commission as to how this 5% share of the said company was purchased. She then referred the commission to Section 5 of the SSHFC Act which she cited to support her argument. “I have no doubt that these issues will be considered in your deliberation,” said Samba’s lawyer.
She further submitted to the commission that Mr. Ousman Jammeh, former secretary general, admitted that he signed a letter for a debt from SSHFC, adding that SSHFC’s former Managing Director Momodou Lamin Gibba and Finance Director Abdoulie Cham had the responsibility to protect the funds of the corporation.
Counsel Samba urged the commission to hold the former president and Kanilai Family Farms (KFF) responsible for the withdrawal of funds from SSHFC accounts. She said her client had no idea as to where the money for the Michael Jackson celebration came from, noting that public enterprises were controlled by the former government.
She further adduced that the former president was in control of all the institutions because he was a dictator; adding that directives from the office of the former president led to the circumstances in which they operated.
According to her, checks and balances, rule of law and good governance were not observed or protected under the former president and implored on the commission to hold the former president responsible for the losses of some public institutions.
Ms. Samba also pointed out that Momodou Sabally’s testimony corroborated Mr. Samba’s evidence and urged the commission to hold the former president accountable.
She said that withdrawal of funds was the directives of the former president, and submitted that there was no evidence that her client benefited from the purchase of a water tank for KFF, and then urged the commission to dismiss the evidence against her client in its entirety.
She finally submitted that none of the 12 companies operated by his client was associated with the former president.
At this juncture, Mrs. Bensouda said she would reply to Counsel Samba’s address. Chairman Sourahata Janneh then told the commission that Counsel Mary Samba would be notified as to when Counsel Bensouda would reply to her address.
Victoria Andrews continued her address on behalf of Mr. Bazzi.
The commission resumes on Monday.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11635 Posts |
Posted - 09 Oct 2018 : 13:02:48
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Commission urges Prince Sanyang to show discipline as ‘Prince’
The Point: Tuesday, October 09, 2018
http://thepoint.gm/africa/gambia/article/commission-urges-prince-sanyang-to-show-discipline-as-prince
 Chairman Sourahata Janneh yesterday told Prince Ibrahim Sanyang that he had to be disciplined because he is a Prince. He told him this when he asked the witness whether he owns a bank, being an investment banker. In response, Mr. Sanyang told him that it did not necessarily mean that he owns a bank.
At this juncture, Mr. Janneh repeated his question and Mr. Sanyang answered the same but later confirmed that he did not own a bank.
Mr. Sanyang appeared before the Janneh Commission in connection to companies he operated or was about to operate in the country.
Prior to dwelling on the subject matter, he was asked to explain how he got the title of Prince. In response, he said he was traditionally crowned as a Prince. He added that he is professionally an investment banker and an economist, noting that he is the custodian of Kitisoto and eight other sacred sites at Batelling, Lower River Region, Kiang West District. According to him, his title dated back to the Mali and Karbou Empire.
At this juncture, Commissioner Saine put it to him that being an investment banker does not make him a banker. Then in reply, he said Saine’s understanding was limited.
Consequently, Chairman Sourahata Janneh intervened and told him that ever since the commission started, they had never used their power to deal with undisciplined people, and that if any king sat before the commission, they would treat him the same way. He further told him that he was at the commission to answer questions and not to ask questions.
Chairman Janneh also told him that they are not afraid of anyone appearing before the commission.
On Royal Africa Capital Holdings Ltd., he told the commission that he is the owner and has 90% share while Mr. Sanna Jaiteh and Seedy Darboe are also share holders. He added that he gave Ansumana Jammeh 10% nominal share but took the share from him (Jammeh).
At this juncture, Counsel Bensouda showed him some bank accounts from Eco Bank and told him that all the accounts indicated that Ansumana Jammeh was a signatory to the accounts. In response, he said some of the accounts were dormant. He disclosed that they removed Ansumana Jammeh from those accounts.
He was again shown Africana Financial Services document, which he confirmed. He said the company operated in The Gambia and the property where it was operating from is his, noting that he is not operating from Ansumana Jammeh’s property.
At this juncture, Counsel Bensouda told him that he told Augustus Prom that the property from where he was operating belongs to AnsumanaJammeh, which he denied.
He alleged that he gave Ansumana Jammeh the sum of D1.5 million to buy the property for him and he started putting up some buildings to run his businesses. However, he revealed to the commission that he was not provided with a title deed but a mere receipt and that Africana Financial Service is not operating because it has been closed down by the government.
On Africana Airways, he said it operated as a company and it had a plane, noting that one aircraft came to The Gambia and that all the aircrafts went through GCAA for certification.
It was put to him by Counsel Bensouda that since September 2016 there was no transaction in some of the accounts. In response, he said his life was threatened and was asked to pay D10,000,000 which he said was an executive directive. He said as a result, he left the country but later came back in December 2016 to continue his business.
Mrs. Bensouda at this juncture put it to him that Augustus Prom said that his companies were yet to operate and that they were dormant. In response, he said he did not say so.
Mr. Sanyang told the commission that he did not have micro-finance licence; adding that the processing of his aircraft was not completed because of the freezing of his properties.
He further adduced that he was not given a licence to operate a radio and television stations, stating that Africana Insurance Company could not proceed to operate because of the freezing of his companies.
At this juncture, Mrs. Bensouda put it to him that there were copies at the office of the registrar of companies to show that Ansumana Jammeh’s shares had been rescinded. Documents relating to his companies were tendered and admitted as exhibits.
Sittings continue today.
Author: Dawda Fadye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11635 Posts |
Posted - 12 Oct 2018 : 20:34:31
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AT THE ‘JANNEH’ COMMISSION Business Tycoon Forced To Appear
Foroyaa: October 11, 2018
By Mamadou Dem
http://foroyaa.gm/at-the-janneh-commission-business-tycoon-forced-to-appear/
Gambia’s business tycoon Alieu Conteh, was yesterday forced to appear before the ‘Janneh’ Commission in relation to the 3 M Account.
Sources close to the Commission revealed that Conteh was arrested last Tuesday night, to enable him appear before the Commission, because he was summoned on numerous occasions and failed to appear. However, before he took his oath, his attorney Victoria Andrews, applied to be heard in chambers.
Commission Chairman Sourahata Janneh, made it clear to her that the grounds of hearing her in chambers, must be known before she would be allowed to make her oral application in secret.
Andrews, then disclosed that her application to be heard in chambers was based on the medical grounds of her client. “There are confidential medical information,” said Andrews.
She finally submitted that it was because of this, she applied to be entertained in close doors. Consequently, the application was granted and sittings continued in chambers, where she made an oral application on behalf of Conteh.
Earlier, Prince Ibrahim Sanyang, the Managing Director of Royal Africa Capital Holdings Company, continued on his testimony on the Companies he operated in and outside the Gambia.
Prior to dwelling on the subject matter, he used the occasion to apologise to the Chairman and members of the Commission regarding his last appearance before them. He sought forgiveness from Commissioners provided that there was anything wrong he said during the course of the proceedings.
He told the Commission that he was frustrated but anything wrong that he said was not intentional; that it is not his character to behave in such a way. Chairman Janneh told him that his apology was accepted.
Continuing with his testimony, Prince Sanyang told the Commission that on the 14th of February, 2018, he submitted the state of affairs of the Companies to the Receiver, Augustus Prom; that he has the certificate of Africa Brokerage Insurance Company, noting that he also submitted letters to the Inspector General of Police (IGP), Attorney and Solicitor Generals, Ministry of Justice, Registrar General as well as the Registrar of Companies.
He however revealed to the Commission that after he invested at the Central Bank of The Gambia, he was asked to withdraw the sum of D10,000,000 from the account, based on executive directives; that he made a statement to the Police and told them he will pursue justice and get back his money.
According to Prince Sanyang, he was not allowed to leave the Major Crime Unit of the Police Headquarters but refuted the executive directive; that he was under duress.
At this juncture, Counsel Bensouda asked her if he was not at the Police Headquarters in relation to Asset Management and Recovery Corporation (AMRC) issues. In his response, Prince Sanyang said he made it clear to the investigators that AMRC owed him $14,000,000 after he signed an agreement with them which he claimed they did not honour; that he gave them 25 metric tons of cement which payment is still pending.
Prince Sanyang testified that he did not sign a loan agreement with the AMRC. He however said AMRC wrote him a letter while he was in detention, explaining that he owed the Company, which he denied; that his call related to the supply of commodities to AMRC; that he was not aware that the property he claimed to own, was in the name of Ansumana Jammeh, neither did he know that the state took action against him, in relation to the property.
At this juncture, Commissioner Saine asked him the source of the money he invested in the country. In response, he told the Commission that he brought the monies from abroad.
On whether he was aware that Ansumana Jammeh was arrested and remanded in custody, he responded in the affirmative.
According to Prince, his cars were impounded by the then NIA for a period of time; that there was also an executive order to arrest all the occupants in one of his Companies.
Prince Sanyang further testified that he did not make any claim against Ansumana Jammeh on the basis that he entrusted him with his properties, hoping that they will be in safe hands; but that it was a bad experience; that he wrote to Mr. Prom to allow them continue with their businesses, but that this was not possible. He said the allegation made by the receiver (Mr. Prom) that he did not find employees at his Company when he visited the place on the 7th of June 2017, was unfounded.
He refuted allegations made by the Receiver that he could not produce staff contracts; that his office was furnished with computers and files attached. He then appealed to the Commission to pay a visit to the Company. Prince Sanyang disclosed that he filed a case challenging the freezing order made against him but the matter is still pending in Court.
At this juncture, the letters he wrote to the Attorney General and Minister of Justice, Solicitor General, the Inspector General of Police among others, were tendered and admitted as exhibits.
Prince Sanyang disclosed that his wife left the country and refused to come back. He however confirmed that Ansumana Jammeh was his childhood friend and he has been helping him whenever the need arose; that Ansumana’s wife is a niece; but that there was no advantage for him being a shareholder in his Company, despite being a brother to the former president an and Ambassador.
He finally refuted the claim that he was a close associate of former president Jammeh, claiming that he has no association with Jammeh at all. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11635 Posts |
Posted - 14 Oct 2018 : 07:00:03
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Commission witness testifies on General Saul Badjie’s properties
Foroyaa: October 12, 2018
By Mamadou Dem
http://foroyaa.gm/commission-witness-testifies-on-general-saul-badjies-properties/
Officials from the Department of Lands and Survey, as well as police investigators attached to the Janneh Commission, yesterday outlined some properties belonging to General Sulayman Badjie who is regarded by the Commission as a close associate of the former president.
Detective Sub-Inspector Lamin Sanneh of the Fraud Squad Unit, Gambia Police Force (GFP), Surveyor Bunja Janneh and Director of Lands and Survey, Kebba Ceesay, testified simultaneously in relation to General Saul Badjie’s properties.
Sub-Inspector Sanneh testified that during the course of investigations, they discovered eight properties belonging to Saul Badjie. However, he said investigations are still on-going. He said the first property was found at Bijilo and one Aisha Fatty is taking care of it.
According to him, the property is measuring 699 square metres which was confirmed by the Surveyor, Mr. Bunja Janneh. He added that the land is not a layout. The Director of Lands and Survey, Mr. Ceesay, also added his voice and stated that the land is customary. Sub-Inspector Sanneh told the commission that they were able to interrogate and obtained a statement from Aisha Fatty.
On the second property, Mr. Ceesay revealed that there is a storey building and the property measures 35×25 square metres and is part of government layout, noting that it was an open space. He said that he came across an inventory with Saul Badjie’s name; adding that the property is situated at the Brufut Heights Annex. Mr. Ceesay testified that he thought that the Brufut Heights Annex was allocated during Aki Bayo’s time as a Minister for Local Government and Lands.
It was further stated that the 3rd and 4th properties are situated at Sinchu Alagie and that the 4th one is under the protection of the Police Intervention Unit (PIU).
On the 5th property, Mr. Ceesay adduced that it is located at Old Yundum and it has a mass structure with 3000 square metres, noting that it is occupied by two people with their brothers.
He further told the Commission that Saul Badgie also has two plots at Sukuta, adding that Saul Badjie’s mother and his brother occupied the first plot, while the second property at the same place measures 20×40 square metres and it has poultry area. He also said that it is also a customary land which is leased.
He revealed that the 8th property is located at Salaji layout and it is empty; adding that it was allocated to General Badjie by the former government.
Commission Chairman, Sourahata Janneh, told the Director of Lands to provide the Mbarala file since it was conflicting with the testimonies regarding the ownership of the property. He observed that on this property, it bears the name of KFF.
Mrs. Bensouda told the commission that documents provided in connection to the eight properties discovered that they belong to General Saul Badjie. She then applied to tender them in evidence as exhibits.
However, Chairman Janneh told her that Aisha Fatty is a potential witness and for that reason, a subpoena was issued for her to appear before the Commission. He said based on that ground, the file for the property at Bijilo would not be admitted unless she appears before the Commission.
Documents indicating properties owned by Saul Badjie were tendered and admitted in evidence.
Earlier, Mr. Lamin Touray, Registrar of Companies, reappeared in connection to properties belonging to the former president and his wife respectively.
He was supposed to submit the rest of the files of the said properties as requested by the Commission. However, he told the Commission that they continued to search and discovered that Jammeh Foundation for Peace (JFP) was not registered.
According to him, Kanilai Family Farm (KFF) Abattoir was not also registered but Kanilai Institute for Science and Technology was registered while Excel Construction file was found but he could not trace the rest of the files.
The registrar of companies further testified that Operation Save the Children Foundation which was operated by the former First Lady was also registered. At this juncture, a copy of Kanilai Group International, certificates of incorporation for Excel Construction and KFF as well as certificates of business registration were tendered and admitted in evidence.
He told the Commission that they would continue to search for the rest of the files, despite the challenges.
At this juncture, Commission Chairman, Sourahata Janneh, announced that the Commission would resume on 23 October, 2018 for continuation. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11635 Posts |
Posted - 15 Oct 2018 : 21:08:11
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Commission gets more information on Jammeh & Zineb properties
The Point: Monday, October 15, 2018
http://thepoint.gm/africa/gambia/article/commission-gets-more-information-on-jammeh-zineb-properties
Lamin Touray, the registrar of companies, on Thursday reappeared before the Janneh Commission in connection to properties belonging to the former president and his wife respectively.
He was supposed to submit the rest of the files of the said properties as requested by the commission. However, he told the commission that they continued to search and discovered that Jammeh Foundation for Peace (JFP) was not registered.
According to him, Kanilai Family Farm (KFF) Abattoir was not also registered but Kanilai Institute for Science and Technology was registered while Excel Construction file was found but he could not trace the rest of the files.
The registrar of companies further testified that Operation Save the Children Foundation which was operated by the former First Lady was also registered. At this juncture, a copy of Kanilai Group International, certificates of incorporation for Excel Construction and KFF as well as certificates of business registration were tendered and admitted in evidence.
He told the commission that they would continue to search for the rest of the files, despite the challenges.
Detective Sub-Inspector Lamin Sanneh, of the Fraud Squad Unit, Gambia Police Force (GFP), Surveyor Bunja Janneh, Director of Lands and Survey, Kebba Ceesay, testified simultaneously in relation to General Saul Badjie’s properties.
Sub-Inspector Sanneh testified that during the course of investigations, they discovered eight properties belonging to Saul Badjie. However, he said investigations are still on-going. He said the first property was found at Bijilo and one Aisha Fatty is taken care of it.
According to him, the property is measuring 699 square metres which was confirmed by the Surveyor Bunja Janneh. He added that the land is not a layout. The director of Lands and Survey, Mr. Ceesay, also added his voice and disclosed that the land is customary. Sub-Inspector Sanneh told the commission that they were able to interrogate and obtained a statement from Aisha Fatty.
On the second property, Mr. Ceesay revealed that there is a storey building and the property measures 35×25 square metres and is part of government layout, noting that it was an open space. He said that he came across an inventory with Saul Badjie’s name; adding that the property is situated at the Brufut Heights Annex. Mr. Ceesay testified that he thought that the Brufut Heights Annex was allocated during Aki Bayo’s time as a minister for Local Government and Lands.
It was further stated that the 3rd and 4th properties are situated at Sinchu Alagie and the 4th one is under the protection of the Police Intervention Unit (PIU).
On the 5th property, Mr. Ceesay adduced that it is located at Old Yundum and it has a mass structure with 3000 square metres, noting that it is occupied by two people with their brothers.
He further told the commission that Saul Badgie also has two plots at Sukuta, adding that Saul Badjie’s mother and his brother occupied the first plot, while the second property at the same place measures 20×40 square metres and it has poultry area, and it is also a customary land which is leased.
He revealed that the 8th property is located at Salaji layout and it is empty; adding that it was allocated to General Badjie by the former government.
Commission’s Chairman Sourahata Janneh, told the director of Lands to provide the Mbarala file since it was conflicting with the testimonies regarding the ownership of the property. He observed that on this property, it bears the name of KFF.
Mrs. Bensouda told the commission that documents provided in connection to the eight properties discovered that they belong to General Saul Badjie. She then applied to tender them in evidence as exhibits.
However, Chairman Janneh told her that Aisha Fatty is a potential witness and for that reason, a subpoena was issued for her to appear before the commission. He said based on that ground, the file for the property at Bijilo would not be admitted unless she appears before the commission.
Documents indicating properties owned by Saul Badjie were tendered and admitted in evidence.
At this juncture, commission’s Chairman Sourahata Janneh, announced that the commission would resume on the 23rd of October, 2018 for continuation.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11635 Posts |
Posted - 24 Oct 2018 : 15:26:42
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At The ‘Janneh’ Commission Lt. Colonel Musa M. Jammeh, Aisha Fatty Appear
Foroyaa: October 24, 2018
By Mamadou Dem
http://foroyaa.gm/at-the-janneh-commission-lt-colonel-musa-m-jammeh-aisha-fatty-appear/
Lt. Colonel Musa Jammeh of the Gambia Armed Forces (GAF), yesterday on behalf of the Chief of Defence Staff General Masanneh Kinteh, appeared before the ‘Janneh’ Commission in connection to salaries and allowances paid to former Army officers.
In the same vein, Aisha Fatty, the proprietor of Metro Cosmetics Shop and former protocol officer at the office of the former president, also testified.
According to Jammeh, retired Captain Edward Singhateh received the sum of over D249,000 from 1st May 1994, to December 1996, while Captain Yankuba Touray was paid the sum of D393,833.70 from the period 1st May 1994, to December 1996. He said Captain Ebou Jallow was paid the sum of D116, 404.40 from 1st May 1994, to 31st December 1995.
At this juncture, Counsel Bensouda asked him why Ebou Jallow was called Captain and not retired captain. He responded that Captain Jallow did not retire from the Army but deserted. Further testifying before the Commission, he revealed that Retired Captain Lamin Karba Bajo, received over D237,000 from May 1994, to 31stDecember 1996. Documents relating to the salaries and allowances of the ten ex-army officers, were tendered and admitted in evidence. A letter written by the witness to the Secretary of the Commission on the said subject matter, was also admitted by the Commission.
Aisha Fatty was mentioned during previous proceedings of the Commission on properties owned by the former military aide and commander of the State Guard Battalion, Saul Badjie.
It was revealed to the ‘Janneh’ Commission by Inspector Lamin Sanneh of the Gambia Police Force (GPF); that one of the properties at Bijilo was managed by Aisha Fatty. The Commission therefore deemed it prudent to hear her testimony on the said property prior to admitting any document relating to the said property. She was then accordingly summoned to face the Commission and narrate her story.
On the day of Ms. Fatty’s appearance, she told the Commission that she lives at Bijilo and has a fashion and cosmetic shop called Metro. However, before she continued her evidence, Barrister C.E Mene announced his representation for the witness.
At this juncture, Commission Chairman Sourahata Janneh said they received a letter through the Secretary of the Commission to the attention of the Chairman. He said he read it and wanted Counsel Mene to confirm that he was asking for the sittings to be heard in camera (out of public hearing).
He consequently ordered that they would retire to Chambers and would be ready in 15 minutes. The matter was later heard in Chambers.
Testifying before the Commission, Ms. Fatty confirmed that she was asked to vacate the said property by the Registrar General; that she did not vacate the property because it belongs to her family.
According to her, she was working as a Protocol Officer at the office of the former president from December 2013 to December 2015. When asked if she had an appointment letter, she responded in the affirmative.
At this juncture, Counsel Bensouda told her that she was required to provide her appointment letter and business registration certificates; that she told Lt. Buba Jammeh that she earlier got a property at Sukuta but was duped, noting that Lt. Buba Jammeh told her that Saul Badjie would be able to help her.
She revealed that Saul Badjie was informed and he asked where the property was located, and was told by Saul Badjie, that he would be of help, and showed her a plot of land. She said Saul Badjie asked her where she would want the property to be situated, and she told him that she would want it to be situated within Senegambia.
She said subsequently, Saul Badjie told her about a land at Bijilo costing D450,000 which she bought, noting that her family agreed to contribute after informing them about the land; that she was not happy because the contractor was not regular at work and was very slow. She said she engaged another contractor by the name Talla Barry of Manjai, who completed the work while the first contractor was terminated.
On how she came to know Lt. Buba Jammeh, she said she knew him at State House as Head of Intelligence, at the office of the former president; that General Saul Badjie told her that they had a transfer from the Alkalo in her name, but she never saw the transfer.
She disclosed that she paid the said sum in 2014; that Saul Badjie gave her no receipt. She went on to say that the Permanent Secretary at the Ministry of Lands Buba Sanyang, in 2016 was doing the transfer of ownership but never gave her any document to sign.
However, Counsel Bensouda told her that the PS does not deal with the transfer of ownership of lands, noting that she banked with Guaranty Trust Bank and her salary as protocol officer was between D8,000 and D10,000. She revealed that she paid about D100,000 for the fence and foundation, further stating that she built the foundation around 2014 and it was completed in 2016.
Ms. Fatty confirmed that D2.3m was the cost of the building.
At this juncture, Counsel Bensouda asked her whether she had a contract with Talla Barry. In response, she said she has the contract at home and can produce it; that she paid Talla Barry D2.2m for completing the storey building.
Sitting continues.
Salaries, allowances of 10 army officers from 1994 to 1996 revealed at Janneh commission
The Point: Wednesday, October 24, 2018
http://thepoint.gm/africa/gambia/article/salaries-allowances-of-10-army-officers-from-1994-to-1996-revealed-at-janneh-commission
Lt. Colonel Musa Jammeh of the Gambia Armed Forces yesterday on behalf of the Chief of Defence Staff, Lt. General Masanneh Kinteh, appeared before the Janneh Commission in connection to salaries and allowances paid to former army officers.
According to Jammeh, retired Captain Edward Singhateh received the sum of over D249,000 from 1st of May, 1994, to December, 1996, while Captain Yankuba Touray was paid the sum of D393,833.70 from the period 1st of May, 1994, to December, 1996. He said Captain Ebou Jallow was paid the sum of D116, 404.40 from 1st May, 1994, to 31st December, 1995.
At this juncture, Mrs. Bensouda asked him why was Ebou Jallow called captain and not retired captain, he responded that Captain Jallow did not retire from the army but he disserted.
Further testifying before the commission, he revealed that Retired Captain Lamin Kabba Bajo, received over D237,000 from May, 1994, to 31st of December,1996. Documents relating to the salaries and allowances of 10 ex-army officers were tendered and admitted in evidence. A letter written by the witness to the secretary of the commission on the said subject matter was also admitted by the commission.
Aisha Fatty was mentioned during the proceedings of the commission on properties owned by the former military aide and commander of the State Guard Battalion, Saul Badjie.
It was revealed to the Janneh Commission by Inspector Lamin Sanneh of the Gambia Police Force (GPF) that one of the properties at Bijilo was managed by Aisha Fatty. The commission therefore deemed it prudent to hear her testimony on the said property prior to admitting any document relating to the said property. She was then accordingly summoned to face the commission and narrate her story.
On the day of Ms. Fatty’s appearance, she told the commission that she lives at Bijilo and has a fashion shop and a cosmetic shop called Metro. However, before she continued her evidence, Barrister C.E Mene announced his representation for the witness.
At this juncture, commission’s chairman, Sourahata Janneh said they received a letter through the secretary of the commission to the attention of the chairman. He said he read it and wanted Counsel Mene to confirm that he was asking for the sittings to be heard in camera (out of public hearing).
He consequently ordered that they would retire to chambers and would be ready in 15 minutes. The matter was later heard in chambers.
Ms. Fatty confirmed that she was asked to vacate the said property by the Registrar General. She said she did not vacate the property because it belongs to her family.
According to her, she was working as a Protocol Officer at the office of the former president from December 2013 to December 2015. When asked if she had an appointment letter, she responded in the affirmative.
At this juncture, Counsel Bensouda told her that she was required to provide her appointment letter and business registration certificates. She added that she told Lt. Buba Jammeh that she earlier got a property at Sukuta but was duped, noting that Lt. Buba Jammeh told her that Saul Badjie would be able to help her.
She revealed that Saul Badjie was informed and he asked where the property was located, and was told by Saul Badjie that he would be of help, and showed her a plot of land. She said Saul Badjie asked her where she would want the property to be situated, and she told him that she would want it to be situated within Senegambia.
She said subsequently Saul Badjie told her about a land at Bijilo costing D450,000 which she bought, noting that her family agreed to contribute after informing them about the land. She adduced that she was not happy because the contractor was not regular at work and was very slow. She then engaged another contractor by the name Talla Barry of Manjai who completed the work while the first contractor was terminated.
On how she came to know Lt. Buba Jammeh, she said she knew him at State House as Head of Intelligence, office of the former president. General Saul Badjie told her that they had a transfer from the ‘alkalo’ in her name, but she never saw the transfer.
She disclosed that she paid the said sum in 2014; adding that Saul Badjie gave her no receipt. She went on to say that the permanent secretary, Ministry of Lands, Buba Sanyang, in 2016 was doing the transfer of ownership but never gave her any document to sign.
However, Mrs. Bensouda told her that the PS does not deal with the transfer of ownership of lands, noting that she banked with Guaranty Trust Bank and her salary as Protocol Officer was between D8,000 and D10,000. She revealed that she paid about D100,000 for the fence and foundation, further stating that she built the foundation around 2014 and was completed in 2016.
Ms. Fatty confirmed that D2.3 million was the cost of the building. At this juncture, Counsel Bensouda asked her whether she had a contract with Talla Barry. In response, she said she has the contract at home and could produce it; adding that she paid Talla Barry D2.2 million for completing the storey building.
Sitting continues.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11635 Posts |
Posted - 25 Oct 2018 : 13:02:46
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Ex-protocol officer says Jammeh promised to transfer a land
The Point: Thursday, October 25, 2018
http://thepoint.gm/africa/gambia/article/ex-protocol-officer-says-jammeh-promised-to-transfer-a-land
Natalie Gomez-Ceesay, former protocol officer, office of the former president, yesterday appeared before the Janneh Commission and said that the former president, Yahya Jammeh, told her that he would transfer a land situated at Kololi to her. She was summoned in connection to the said land.
She testified that she was a protocol officer attached to the office of the former president from 2009 to 2011, November; adding that she is now studying law at the University of The Gambia. She said it was correct that she was summoned in connection to the said property.
Before continuing her testimony, she was given her statement, which she confirmed and then signed it before the commission; she also confirmed that she was occupying the property.
She told the commission that while at state house, the former president told her that he was interested in her father’s land situated at Nemakunku to build an estate. She said they, as a family, agreed to transfer the land to the former president without giving them anything.
According to her, the former president asked her what she was going to do with the money given to her by her dad, and she responded that she was going to build a house. She added that few days later, the former president called her again and informed her that he had a property at Kololi and would transfer it to her name.
She revealed that after the transfer, the documents were given to her by Mr. Amadou Samba. She said that it came to her knowledge that her dad talked to the former president. She revealed that the former president told her that she should go back to tell her dad that he wanted the land.
She told the commission that her dad asked her how did the former president know about the land and she told her father that she did not know. She testified that her father told her that he would transfer the land to the former president.
At this juncture, Mrs. Bensouda asked her whether she was aware that her dad’s transfer of ownership was not completed but she responded that she had no idea.
It was put to her that her father told the commission that he gave the land to the former president without any consideration. In response, she confirmed that she heard her father say so.
Counsel Bensouda put it to her that the said land belongs to Kainilai Family Farmers, and she answered in the positive. However, she said her father’s land cannot be compared to the house given to her by the former president; adding that she was told that the said property was owned by one Mr. Bojang who had a financial problem and sold the land to the former president.
At this juncture, her statement dated 10th March, 2018, was tendered and admitted as exhibit.
Earlier, Ms. Kumba Jobarteh, who confirmed to be a friend of Aisha Fatty for 5-6 years, also testified before the commission in relation to a property situated at Bijilo, which Aisha Fatty claimed to be the owner.
She stated that she is a businesswoman, and has a fashion shop called Dada’s at Kotu, noting that she knew Aisha fatty through her aunt; adding that Aisha Fatty was working at State House.
The businesswoman further testified that she did not know Gen. Saul Badjie, and she never met him.
At this juncture, she was given a document which she said she signed as witness for Aisha Fatty, but prior to that, Aisha told her that she bought a house and wanted her to serve as a witness on the transfer of ownership certificate.
According to her, she had been to the house but could not remember the date. She disclosed that she made a statement to the investigators.
At this juncture, she was given a statement which she went through and confirmed that she signed the said statement.
It was put to her that she signed as a witness for a transfer of ownership which she said was prepared by Saul Badjie. Mrs. Bensouda then asked her how she knew that it was prepared by Saul Badjie. In response, she told the commission that she was told by the investigators that the house was sold to Aisha Fatty.
Further testifying, she stated that she does not know whether Aisha Fatty gave money to Saul Badjie.
At this juncture, the statement signed by her dated 26th January, 2016, was tendered by Counsel Bensouda. It was put to her that the date written on the transfer of ownership was 17th February, 2015. She responded that the document was not brought to her to sign as a witness in 2017.
Sittings continue on the 31st October, 2018.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11635 Posts |
Posted - 30 Oct 2018 : 12:30:48
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‘Janneh’ Commission Visits Kanilai
Foroyaa: October 29, 2018
http://foroyaa.gm/janneh-commission-visits-kanilai-2/
The ‘Janneh’ Commission of Enquiry set up by the president to probe into the financial dealings of former president Jammeh and his close associates, on Wednesday October 24th 2018, visited the home village of the former president for the second time, to assess and see for themselves, the situation of the properties he left behind and the state or condition they are in.
The tour party which include some staff of the Commission with the Chairperson Surahata Janneh and Commission Counsel Amie Bensouda, visited various sites and unfinished projects, left behind by Yaya Jammeh. The Commission delegation visited the crocodile pool, an ambitious but unfinished Agric. Project site with an unfinished overhead water tower, and a huge unfinished mansion project, all left behind by the former president, some of which have since started to dilapidate. The delegation was led on a conducted tour of the huge unfinished mansion left behind by the former president. The huge unfinished mansion houses several suites and luxury rooms with lots of luxury furniture that has started losing quality. Documents left behind were also inspected and taken by the Commissioners as evidence including a bag full of what resembles ‘gold’ coins. The Commissioners visited the crocodile pool, where some huge crocodiles can be seen to have survived during the absence of the man who brought them there. Some other animals can also be seen to have survived including peacocks etc.
At all the sites visited, immense wear and tear can be seen on the properties including equipment, due to lack of proper upkeep and maintenance.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11635 Posts |
Posted - 22 Nov 2018 : 15:12:25
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BENSOUDA SAYS 26 PERSONS IDENTIFIED AS JAMMEH ASSOCIATES ..as Janneh commission nears end
The Standard: November 22, 2018
By Baba Sillah
http://standard.gm/site/2018/11/22/bensouda-says-26-persons-identified-as-jammeh-associates-as-janneh-commission-nears-end/
 The Commission of Inquiry into the financial dealings of former President Yahya Jammeh and his close associates has entered its penultimate stages with commission Counsel Amie Bensouda now starting to address the commission.
Beginning her address yesterday, Bensouda disclosed that out of the 253 witnesses that testified before the commission, 26 have been identified as close associates of the former president.
She however did not disclose their names.
Bensouda then referred the commission to the act that mandated its establishment and the principle of fair hearing, which she said has been accorded to all the parties by the commission.
Counsel Bensouda also drew the attention of the commission to the interim order on Amadou Samba, Muhammad Bazzi and Fadia Mazegi whom she said were all shareholders in Euro Africa Group and Global Trading Group, explaining further how payments were made into the personal accounts of former president Jammeh.
According to her, Euro Africa Group received and made various payments from various banks without any explanation.
She further argued that over US$10 million was paid to the personal account of Jammeh by Mr Bazzi and Mazegi without any legal explanation.
Counsel Bensouda further contended that the counsel for Mr Bazzi has challenged that her client was deprived of his privilege to a fair hearing, arguing that there is no evidence to substantiate that claim. Rather according to Bensouda, the witness was ignorant of his right.
Counsel Bensouda at that point cited the Evidence Act authored by Chief Justice Hassan Jallow to back her submission.
She further contended that neither Mr Bazzi nor Mazegi has claimed privilege at no time, challenging that, that privilege has no place during the proceedings and was not claimed by any of the said persons, citing various sections of the law to substantiate her submission.
Bensouda further argued that when the commission made an interim order, Amadou Samba and Muhammad Bazzi challenged the order at the court of appeal but their appeal was dismissed for lack of merit and the court upheld the power of the commission on the interim order.
Counsel Bensouda thereof urged the commission to uphold the ruling of the Court of Appeal on the interim order challenged by Bazzi and Mazegi.
She went on to state that Mr Bazzi and others who have been named close associates of Jammeh have failed to defend themselves as to whether they are close associates or not, citing section 204 of the Constitution which she read out to the commission to strengthen her submission.
Bensouda also revealed that three categories or factors were identified in this finding of the financial dealings of Jammeh, as the initiators, collaborators and facilitators in the withdrawal or use of public funds and resources, stressing that these factors needed to be considered by the commission to make a decision and recommendation.
Bensouda will continue her address today.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11635 Posts |
Posted - 23 Nov 2018 : 15:13:48
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Kairaba Hotel remains gov’t property – Bensouda
The Standard: November 23, 2018
By Baba Sillah
http://standard.gm/site/2018/11/23/kairaba-hotel-remains-govt-property-bensouda/
Continuing her summing of evidence before the Janneh Commission, Counsel Amie Bensouda yesterday said that the Kairaba Beach Hotel is still the property of The Gambia Government as the sale agreement between MA Kharafi and government was fraudulent .
She went on to justify this claim by explaining that the late Baba Jobe had directed the Central Bank of The Gambia to transfer US$5 million from ‘3M account’ even though there was no evidence before the inquiry to show that Mr Jobe was a signatory to the account.
She asked the commission to determine whether MA Kharafi had put himself in the position of purchaser at the time.
Counsel Bensouda contended that monies were fraudulently withdrawn from Central Bank to purchase the hotel and as such the statute of limitation has not run out regarding the sale and that the commission should determine that Kairaba Hotel remains the property of the state.
She also urged the commission to “carefully look” at the issues relating to Sindola Safari Lodge in Kanilai to determine whether it is the property of the state.
Drawing the attention of the commission to the mining activities, she submitted that the evidence before the commission showed various licences were issued for mining in The Gambia with the main licence issued to Carnegie Mineral Company.
According to Counsel Bensouda, Mr Muhammad Bazzi confirmed introducing a group of investors to the former president who made a presentation to him.
She further submitted that the former president at the time knew how much resources were generated by Carnegie Mineral.
The lead counsel at that point questioned why Mr Bazzi would be paid over 9 million pounds sterling when he claimed he had no interest in the company, arguing that the standard of probability is in the balance, citing relevant law authorities to back her point of contention.
Going further in her address, she argued that Mr Bazzi had more knowledge about the contract between The Gambia and Carnegie Mineral and was aware of the damages to the state.
She also blamed the former president for not following due procedures in issuing licence to the company and urged the commission to determine whether Mr Bazzi also played a role in the damage incurred.
She contended that Mr Bazzi has not produced documents to show the equipment left behind by Carnegie Mineral which were taken over by Gamico.
According to Counsel Bensouda, APAM was issued licence by Jammeh when it has no mining prospect and licence to operate, adding that Tony Ghattas was appointed as the managing director.
She drew the attention of the commission to the various payments made by Mr Ghattas to various
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11635 Posts |
Posted - 25 Nov 2018 : 14:56:26
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Commission Counsel Bensouda Addresses Janneh Commission
Foroyaa: November 23, 2018
By Yankuba Jallow
http://foroyaa.gm/commission-counsel-bensouda-addresses-janneh-commission/
Amie Bensouda, the lead counsel for the Janneh Commission of Inquiry has on Thursday the 22nd November, 2018 addressed the Commissioners on issues raised during the sittings of the Commission.
This Commission fondly called the Janneh Commission was established by President Adama Barrow to probe into the financial dealings of the ex-president of the Gambia, Alhajie Yahya AJJ Jammeh who is currently in exile, in Equatorial Guinea, and his close associates.
In her address, the senior lawyer said the evidence before the Commission shows that licences were issued in The Gambia for mining. She said the first license was given to Carnergie Mining Company but was later terminated by the ex-president.
“The ex-president was interested in knowing the amount of money generated by the Carnergie Company and this was what led to him terminating the licence,” she said.
She adduced that Muhammed Bazzi was interested in seeing that the ex-president terminates the Carnergie Licence.
“The evidence suggested that Bazzi was interested to see to it that the Carnergie Licence was terminated and he influenced the ex-president because of his interest,” she said.
Counsel Bensouda stated that the standard of proof at the Janneh Commission is based on ‘balance of probability’. She said it is more likely than not that Muhammed Bazzi has knowledge of the existence of a contract between the Gambia government and Carnergie. She said the government of the Gambia has suffered damages as a result of the termination of the Carnergie License. She said extensive and substantial sum of money were awarded against the Gambia government by the arbitration panel.
She quantified that the damages suffered by the government of The Gambia included a liability of 993,668 dollars owed to Carnergie, 2 million dollars for cost of arbitration, among others. She said the ex-president without respecting the term of the contract terminated the contract with Carnergie.
“As far as the arbitration panel is concerned, the arbitration panel found out that the GAMICO company where Muhammed Bazzi is a shareholder, has taken over the equipment belonging to Carnergie without court order or ruling,” she adduced.
She said the Janneh Commission has visited the mining areas and that they have seen the damages caused to those areas.
“There is no doubt that the damages at those sites were as a result of the mining activities,” she said.
On the issue of APAM which is also a mining Company, Bensouda said the ex-president signed a licence to give APAM a mining licence.
“APAM was not registered to run any form of business. APAM was carrying out illegal activities,” she said.
The learned senior lawyer, in her recommendation said the Commission should look into the dealings of the Guaranty Trust Bank and First International Bank who had opened both dollar and dalasi accounts for APAM.
“APAM hold both dollar and dalasi accounts at the Guaranty Trust Bank and FIBank. APAM did not submit to these banks any article or memorandum of association. For two (2) years, the Guaranty Trust Bank has allowed APAM to run its accounts. It is a general practice for companies to submit their documents although it is not incorporated into the Banking Act, that a company should submit its documents of incorporation before opening account,” she said.
Bensouda said Tony Gathas is a close associate of the ex-president of the Gambia, Alhajie Yahya AJJ Jammeh.
About The Kairaba Beach Hotel, she said it was purchased by The Gambia government money from the Central Bank of the Gambia.
“The Kairaba was purchased from the funds of the Central Bank of The Gambia,” she said.
She said Baba Jobe in the year 2001 instructed the Central Bank of The Gambia to pay the sum to West Coast Company Limited. She said evidence shows that the Company belonged to Baba Jobe and Lang Conteh. She added the duo owners transferred the ownership to the Millennium Company Limited.
“Kairaba Beach Hotel was owned by the Millennium Company and Millennium was owned by the ex-president. MA Kharafi purchased The Kairaba from the Millennium Company,” she said.
She said MA Kharafi paid 10 million dalasis for the purchase of The Kairaba. She added that for 14 years, the MA Kharafi run the Hotel without accounting to the true owners which was the government of the Gambia.
She said there is no sufficient evidence that the Millennium purchased The Kairaba by its own fund.
“The Millennium acted fraudulently because it used the State fund to purchase The Kairaba fraudulently,” she submitted.
Moreover, she said the then AFPRC government signed 35 million dollar loan with Taiwan. She said it was signed by the then minister of finance, Bala Jahumpa. She said out of the $35 million, $3 million was paid into a special account in New York, United States of America.
About the Sindola Safari Lodge, Lawyer Bensouda said it was built in the years 2002 and 2003.
“Until the year 2004, The Kairaba was running the Sindola Safari Lodge. Sindola was constructed by the Sight Gambia Company whose shares were purchased through State fund,” she said.
On the Gam Bridge Oil Company, Counsel Bensouda rubbished the presumption that it was a valid contract between them and the Gambia government. She said the agreement was signed by Amadou Samba and Muhammed Bazzi but the government of the Gambia has not sign it.
“The government of The Gambia is not in breach of Sight Gambia contract. There was no agreement because it was not signed as intended,” she argued.
She submitted that the Gam Bridge Company should refund the Gambia Government 700,000 dollars which was transferred by the Central Bank of the Gambia. Bensouda said the Guaranty Trust Bank gave 2 million dalasis of the Social Security and Housing Finance Corporation (SSHFC) to the transaction between the Gam Bridge Oil and KGI.
“The Commission should consider whether the Guaranty Trust Bank should refund the said amount to the SSHFC because there was no board resolution. The managing director does not have the authority in law to give such money without a board sanction (resolution). The Corporation lost 7 million dalasis on interest,” she said.
On NAWEC, she said it has a liability of 9.3 billion dalasis.
“75% of the total liabilities remains on the tax payers. Many witnesses have attributed the challenges that NAWEC face to the ex-president for his interference into the activities of the company,” she said.
The matter was adjourned to Tuesday, the 27th November 2018 at 10 am for the continuation of address by Counsel Bensouda.
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Janneh Commission of inquiry on Y. Jammeh's assets
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