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Momodou



Denmark
8491 Posts

Posted - 30 Nov 2017 :  11:40:02  Show Profile Send Momodou a Private Message  Reply with Quote
Ex-president’s accountant submits documents to Janneh Commission

The Point: Wednesday, November 29, 2017


http://thepoint.gm/africa/gambia/article/ex-presidents-accountant-submits-documents-to-janneh-commission

Mrs. Adama Njie, former accountant at the office of the former president, yesterday submitted relevant documents to the Janneh Commission in relation to payments she made for per diems and air tickets.


According to her the payments she made were from 2011-2016 respectively from the Special Security Account at the Central Bank. She said in 2013 she made a payment of D69,639,778, further stating that in 2014 she made a payment of D81,413, 827.39 and in 2015 she made a disbursement of D28,186,270.80.

She further revealed that in 2016 she made another payment of D63, 897,285.90; adding that permanent secretary No.1 dealt with travelings with her immediate boss. She said PS1 used to give her invoices from the travel agencies for her to effect payments.

Documents relating to payments from 2011 to 2016 were tendered and admitted as exhibits. Mrs. Njie further adduced that some of the payments were made to the former president as per diem, ex-first lady and former vice president. She said the per diem per day for the former president was £350.00 while the former vice president and first lady received £300,00 each per day.

Responding from commissioners, she said she was instructed to make payments from the Special Security Account, further noting that she was never audited from 2011 to 2016 but currently, auditing is being carried out.

Next person to testify was Sheriff Sawneh, the proprietor of Competence Company Ltd. who was asked to furnish the commission with certain documents that were outstanding such as list of contracts, tax clearance from Gambia Revenue Authority (GRA) and registrations with Gambia Public Procurement Authority (GPPA).

Mr. Sawneh disclosed that he paid tax from 2012 to 2016 and there was a tax credit in favour of his company for over D3, 000,000. Documents provided by the witness relating to his company were also tendered and admitted as exhibits.

Mr. Yusupha Dibba, former permanent secretary, Ministry of Defence who was summoned in connection with the building of boats contracted to one Alhaji Jass Sam testified that the former president created a fishing unit in the navy and never consulted him. He added that the acquisition of boards was the former president’s show and he could not tell the former president and they did not have the discretion to tell whom he should give the boats.

Earlier Mr. Dibba testified that he retired in 2011 and was on contract till 2016.

Mr. Ousman Jatta alias ‘Rambo’ reappeared and informed the commission that he received three boats from General Barjie and three from Commodore Madani Senghore. He said some of the boats were leaking and were not catching fish. However, Counsel Bensouda puts to him that under the laws of the Gambia, income generation enterprises are expected to pay taxes and also register as well but Jatta said he did not pay taxes neither did he registered with the fisheries department.

Mr. Jatta disclosed that he did not have an account of the fishing boats at the bank, however, he had accounts in different exercise books and on the 20th of January, 2017, his driver absconded with his double cabin pickup where he had some of the receipts and log book; adding that even under the former regime, he was expecting to account for the expenses of the boats.

Hearing continues today.

Author: Dawda Faye

A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
8491 Posts

Posted - 30 Nov 2017 :  13:44:55  Show Profile Send Momodou a Private Message  Reply with Quote
Captain Ebou Jallow transferred $3,000,000 to a private bank Says former Central Bank Official


The Point: Thursday, November 30, 2017


http://thepoint.gm/africa/gambia/article/captain-ebou-jallow-transferred-3000000-to-a-private-bank-says-former-central-bank-official

Mr. Abdoulie Cham, retired Financial Controller at the Central Bank of The Gambia, yesterday told the Janneh Commission that Captain Ebou Jallow transferred $3,000,000 to a private bank.


The former banker testified that he worked at the Central Bank from March 1997 to November 2003 and among his responsibilities was to ensure that the books of the bank were kept adequately enough.

According to him the office of the former president had dealings with CBG, further stating that there was a coup d’état on 22nd July 1994 and the immediate reaction of the International Community was to impose sanction on the former government.

The governor of the bank was approached by the AFPRC Council and the Bank decided to accept a loan facility amounting to $35,000,000 which was coming from the Republic of China and Taiwan which was to be paid after a grace period of five years. He said two accounts were opened at City Bank in New York, and there were two signatories, namely Captain Edward Singhateh as he then was and Captain Ebou Jallow.

According to him, Captain Singhateh withdrew his signature while Captain Jallow maintained, however, he said the bank received $30,000,000 and in addition, Captain Ebou Jallow and Captain Singhateh deposited $2,000,000 and an additional sum of $220,000.

He added that the late Baba Jobe introduced to them a businessman who imported rice into the country in order for him to be paid and the bank disbursed his payments through a foreign account. He said bags of rice were distributed to the AFPRC militants who were supposed to deposit proceeds amounting to D200, 000,000 but this was never received.

Mr. Cham informed the commission that then governor of the Bank, Nfamara Jatta, himself and the attorney general travelled to Geneva, Switzerland to recover the $3,000,000 that was transferred by Captain Ebou Jallow.

He stated that it is from the proceeds of the loan ($35,000,000), the Daily Observer was purchased from Keneth Betts to the tune of $268,000; adding that Arch 22 was also built from the same funds to the tune of $1,000,000 and as well as the Airport. He said Baba Jobe went with invoices on instructions from the former president whom he said was used by the former president.

Mr. Cham further revealed that the governor of the bank allowed for an overdraft on the account by the office of the former president and there was a letter from the former president indicating that they were expecting $30,000,000 from Colonel Ghadafi necessitating, the former Finance Minister, Nfamara Jatta, Dodou Bambi Jagne, Alieu Ngom and Baba Jobe were sent to Libiya to finalised the receive of the $30,000,000 but it never came.

The witness disclosed that the overdraft on the account was $28,500,000 and the former governor owned up their liabilities. He said in early February, 2003, the government made an arrangement to settle their liabilities at the bank.

Mr. Cham revealed that CBG paid over $10,000,000 to Muhammed Bazzi for the refurbishment and expansion of transmission within the Greater Banjul area, while another payment of $1,500,000 was paid to Sight Gambia Investments signed by Baba Jobe.

On the 19th December, 2001, the sum of $75,000 was paid to Baba Jobe while on the 2nd November, 2001, there was a telegraphic $500,000 to Genus Import and Export Services and on the same date T.K. Motors was paid $600,000.

He stated that on 24th of August, 2001, the sum of $800,000 was paid to EAW Group on instructions of the former president, noting that $2,000,000 was paid to West Coast Property Holdings and signed by Baba Jobe on the instructions of the former President. Mr. Jobe received two personal cheques of the former president from the Republic of China amounting to $2,000,000.

A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
8491 Posts

Posted - 30 Nov 2017 :  22:17:45  Show Profile Send Momodou a Private Message  Reply with Quote
Former CBG Financial Controller Explains How Funds Were Looted
EditorNovember 30, 2017
By: Mamadou Dem

http://www.foroyaa.gm/archives/19487

Mr. Abdoulie Cham, retired Financial Controller at the Central Bank of The Gambia, yesterday explained to the ‘Janneh’ Commission, the way and manner monies were taken from the bank including a transfer of $3,000,000.00 by Captain Ebou Jallow, to a private bank. The former Banker testified that he worked at the Central Bank from March 1997 to November 2003 and among his responsibilities was to ensure that the books of the bank were kept adequately enough.

According to him, the office of the former president had dealings with the CBG, further stating that there was a Coup D’état on 22nd July 1994 and the immediate reaction of the International Community was to impose sanctions on the former government.

Cham said the governor of the bank was approached by the AFPRC Council and the Bank decided to accept a loan facility amounting to $35,000,000.00 which was coming from the Republic of China on Taiwan, which was to be paid after a grace period of five years; that the two accounts were opened at City Bank in New York, and there were two signatories, in the name of Captains Edward Singhatey and Ebou Jallow respectively.

According to him, Captain Singhateh withdrew his signature while Captain Jallow maintained his; that the bank however received $30,000,000 and in addition, Captain Ebou Jallow and Singhateh deposited $2,000,000 and an additional sum of $220,000; that the late Baba Jobe introduced to them a businessman, who imported rice into the country in order for him to be paid and the bank disbursed his payments amounting to $835,000,000 through a foreign account. He said bags of rice were distributed to the AFPRC Militants who were supposed to deposit proceeds amounting to D200, 000,000 but this was never received.

Mr. Cham informed the Commission that then Governor of the Bank, Nfamara Jatta, himself, and the Attorney General travelled to Geneva in Switzerland, to recover the $3,000,000 that was transferred by Captain Ebou Jallow; that it is from the proceeds of the loan of $35,000,000 that the Daily Observer was purchased from Keneth Betts, to the tune of $268,000; that Arch 22 was also built from the same funds to the tune of $1,000,000 and as well as the Airport. He said Baba Jobe went with invoices on instructions from the former president whom he said was used by the former president.

Mr. Cham further revealed that the Governor of the bank allowed for an overdraft on the account by the office of the former president and there was a letter from the former president indicating that they were expecting $30,000,000 from Colonel Ghadafi, necessitating the former Finance Minister Nfamara Jatta, Dodou Bami Jagne, Alieu Ngom and Baba Jobe, were sent to Libya to finalise the loan amount of $30,000,000; but that this never came.

The witness disclosed that the overdraft on the account was $28,500,000 and the former Governor owned up their liabilities. He said in Early February 2003, the former government made an arrangement to settle their liabilities at the Bank. Mr. Cham revealed that CBG paid over $10,000,000 to Muhammed Bazzi, for the refurbishment and expansion of transmission within the Greater Banjul Area while another payment of $1,500,000 was paid to Sight Gambia Investments, signed by Baba Jobe.

On the 19th December 2001, the sum of $75,000 was paid to Baba Jobe while on the 2nd November 2001, there was a telegraphic transfer of $500,000 to Genus Import and Export Services; on the same date T.K Motors was paid $600,000. He stated that on the 24th of August, 2001, the sum of $800,000 was paid to EAW Group on instructions of the former president noting that $2,000,000 was paid to Wes Coast Property Holdings and signed by Baba Jobe on the instructions of the former President; that Mr. Jobe received two personal cheques of the former president from the Republic of China, amounting to $2,000,000.

Transactions documents in respect of City bank accounts ranging from 2000 to 2001, summary of transactions, certificate of incumbency by the former president, withdrawal by Jammeh from no account at the Central bank and related documents including a letter from the then Secretary General confirming Baba Jobe’s signature on one of the accounts and documents relating to the building of Yundum Barracks, were admitted as exhibits.

The former accountant in his reply letter to the Managing Director of IMF, regarding the financial situation at the bankers’ bank, Cham stated among other things that there was no misuse of public funds but acknowledged that the reason (s) for financial bridging was that they expected funds from a bilateral donor, Ghadafi in particular.

It was further observed that there were no social program transactions as claimed by the former president but there were transactions relating to Agriculture and that Cills benefited to a tune of $3,000,000; that funds that were spent were not captured in their financial records because the government failed to take responsibility but they were later captured and entered as suspension after government conceded.

The witness adduced that everyone knew how the former government was and after they took over, they summoned the governor of the bank saying that they did not inherit this or that and also explained that they had development projects. He said the state of affairs then was clear and the constitution was suspended.

A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
8491 Posts

Posted - 04 Dec 2017 :  12:34:47  Show Profile Send Momodou a Private Message  Reply with Quote
Amadou Samba paid over D9M tax

The Point: Monday, December 04, 2017

http://thepoint.gm/africa/gambia/article/amadou-samba-paid-over-d9m-tax

Amadou Samba has told the Janneh Commission, on the 30th November, 2017, that he had 10% share at Gam Petroleum Ltd., which he sold and paid D9.3 million as tax.


Mr. Samba stated that he was part of the creation of the company, and that they had suppliers for two weeks for the country. He testified that he conceived the idea with Mr. Bazzi, further disclosing that he helped to secure a land at Mandinaring.

Mr. Samba said: “I was part of the people to negotiate for the area and I also did the fencing and the concrete. I provided almost all the facilities and I hired a crate until the end of the construction.”

He also informed the commission that he had sold Daily Observer to Baba Jobe. He was asked whether he was aware that Daily Observer was under receivership but he said that he was not aware.

Mr. Samaba also said he did not know whether the money that Baba Jobe used to buy the Daily Observer was from the Central Bank.

He also made known to the Janneh Commission that he had paid a personal tax over D9.3 million. Gampetrol

He posited that he was sued at the High Court by Edward Gomez, but he told the court that he was not the proprietor of the company. Mr. Samba adduced that one Aben Thomas approached him and told him that Keneth Best wanted to sell the company to the tune of $268,000, and he told him that he was interested. He said that Mr. Thomas introduced him to Mr. Best, who transferred the company to him.

He testified further that Baba Jobe told him that he was interested in the company, and that he would transfer the company to him, further stating that on the 7th May, 1999, Mr. Best and his wife transferred the company to him. He said that he then transferred the company to Baba Jobe on the 21st October, 2002, adding that Baba Jobe paid $268,000 for the purchase of the company.

Mr. Samba stated that although no consideration was stated on the document to transfer the company to Baba Jobe, but it had been met, further disclosing that he was not sure whether tax was paid. He went on to say that it was not his duty to pay capital gain tax, but said it must have been an oversight.

He was asked whether Baba Jobe had paid the $268,000 to Mr. Best for the purchase of the company, but he said that he would not know. He posited that the management was the same until Baba Jobe took over, and that Buba Baldeh was then the managing director.

Mr. Samba revealed that he suffered a lot when people said that he was the proprietor of the company after he sold it to Baba Jobe. He adduced that he told Baba Jobe to take the proprietorship of the company.

At this juncture, documents relating to the sale and transfer of the company were tendered and admitted.

“The negotiation between me and Keneth Best was finalised, and I do not know whether the $268,000 came from the Central Bank,” he told the commission.

Earlier, he was reminded that he was told to produce a copy of the agreement between Excel Construction and the former government, and he said that he had brought some documents like the memorandum and article of association of the company and the agreement between the company and the former government.

Mr. Samba went on: “Excel Construction only had a contract with the former government to construct the fence of the State House.”

The said documents were tendered and admitted as exhibits.

He further disclosed that he was not sure whether the company was registered with GPPA, further stating that he was not either sure whether there were payments to the company. He said that one Omar Touray was supervising the work and Kawsu Keita was the consultant appointed by the former president.

“The company was exempted from paying tax, and we negotiated it. The reason for the tax exemption was because of the cost of the contract,” he said. He added that he was not in charge of the day to day running of the company.

Author: Dawda Faye

A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
8491 Posts

Posted - 05 Dec 2017 :  12:43:15  Show Profile Send Momodou a Private Message  Reply with Quote
Business Mogul Deny Ownership of Newspaper Company

Foroyaa: December 4, 2017

By Yankuba Jallow


http://www.foroyaa.gm/archives/19510

“I have never been a proprietor of the Daily Observer Newspaper” Amadou samba told the Janneh Commission on Thursday 30th November 2017.

“This has been an error from the beginning. I have been complaining to the various managing directors of the ‘Daily Observer’ for the fact I was put as the proprietor, whilst I am not. Anytime I approached any Managing Director about the issue, they only give me excuses that it’s the printing and it was difficult for them to remove my name on the paper”, Mr. Samba said. He said he was once sued to Court by Lawyer Edward A. Gomez, but he produced documents in court that he was not the proprietor of the Company. “I succeeded only during the time of Momodou Sabally as the Managing Director, who removed my name on the ‘Daily Observer’ Newspaper”, he said; that 20 years ago, he was approached by the late Abel Thomas, former Manager of BICI who told him that one of his friends, Kenneth Best, was out of the jurisdiction and has entrusted him to sell the Company; that Mr. Thomas asked whether he (Mr. Samba) was interested in buying the Company to which he agreed. “We negotiated the price until we agreed at 268 thousand dollars and that was how I bought it” he said.

Meanwhile, Mr. Samba told the Commission that Mr. Baba Jobe heard about the transaction and approached him and expressed interest in buying the Company; that his agreement with Mr. Jobe was for him to pay the 268 thousand dollars to Mr. Best and he, Mr. Samba, will transfer the Company to him as soon as all due processes are met; that after the transactions were made with the Best Family, he approached Mr. Jobe on several occasions to finalise the transaction, but this was never successful until Buba Baldeh’s tenure, who made efforts that Mr. Jobe finalise the deal and the Company was transferred to him.

The documents of the transfer of Daily Observer to Mr. Jobe and the memorandum and article of association of the Company were all tendered and admitted as exhibits. Mr. Samba said the transfer of the Company from the three shareholders to Mr. Jobe, was done on the 7th of May, 1999. He however said the date of the memorandum and article of association was done on the 22nd of October 2002, and was witnessed by Buba Baldeh; that the documents were prepared by Mr. Jobe and Buba Baldeh and was brought to him to sign but was not sure whether tax was paid. “I transferred my 100% share of the Company to Baba Jobe” he said.

Counsel Bensouda said in the transfer of shares, sellers pay capital gains tax. She probed whether Mr. Samba has paid the capital gain tax when transferring to Mr. Jobe, in his response, Mr. Samba said it was an oversight. He said he had no idea of the transfer from Mr. Baba Jobe to Keneth Best whether it was from the Central Bank fund, as stated by the documents (evidence before the Commission) or not.

He said his name came on the Observer Newspaper at a time when it was published on the Observer Newspaper that he bought the Company from the Kenneth Family, adding that his name kept on appearing on the newspaper which he protested against since that time and only succeeded removing his name when Mr. Momodou Sabally became the Managing Director of the Observer Company.

“They kept on making the mistake, I made a lot of protests and they used to tell me some technical reasons that they cannot remove it” he said.

The copies of transfer between Keneth Best and Mr. Amadou Samba dated 7th May 1999 and two other transfers dated the same date between Mr. Amadou Samba and Baba K. Jobe, as well as the letter of lawyer Edward A. Gomez dated 26th April 2004, and the reply of Mr. Samba’s lawyer dated 3rd May 2004, were all tendered and admitted as exhibits.

On the issue of Excel Company, Mr. Samba said the fencing of State House was the only contract the Company carried out for the Government; that he is not too sure whether the Company was registered with the Gambia Public Procurement Authority, GPPA, and promised to find out. Counsel Bensouda asked whether there was a cash payment on the contract of the Construction of the State House fence, to which he said he will find out; that the negotiation for the construction of the fence was not done by him but one John Paul Flaw´, and promised to find out from him. He said Mr. Noah Touray was the Supervisor for the Office of the former President and the Consultant who was appointed, was Mr. Kawsu Keita; that in the contract document, there was a clause that exempts the Company from tax payment. He tendered the original copy of the memorandum and article of association of Excel Construction Company as well as the agreement between the former Government and Excel Construction Company Limited. He reminded the Commissioners that he had tendered the Business Certificate, Certificate of Business Registration and Certificate of Incorporation.

Mr. Samba concord with Counsel Bensouda, that he has shares in Gam Petroleum Company Limited; that he was part of the creation of Gam Petroleum and that the petroleum depot at Half Die, had a capacity to supply the country for two weeks; that as a concerned citizen, he decided to come up with a solution to this problem.

“I conceived the idea together with Muhamed Bazi, when the financing was offered by Total International. We started working on the location of the depot. In fact, I helped in securing the Land at Mandinary village. I helped in preparing the land because it is in a swampy area. I was part of the people who negotiated with Government to get documents and I was involved in the civil works and the construction. I built the fence because I used my Company to build the fence. I am the one who mobilised in terms of providing equipment. I provided nearly all equipment on the site and this involved moving my 80 tonnes mobile crane to facilitate the moving of heavy objects. The cost of hire of the crane was 12,000 dalasi per hour and the crane was stationed there till the end of the construction. Apart from that I supplied the cement. When I was allocated a 10% share, I did not feel happy about it because it does not commensurate in terms of what I have provided in material and other logistics”, he said.

He said he could not remember the year the Company was formed but he was quick to say that the documents should prove this; Samba added that Mr. Bazzi owns 99% share while he owns a token of 1% share in the storage facility and was the Chairman of the company since inception until he sold his 10% share to the former Government, at the tune of 35,000,000.00 Euros, out of which he paid 9.3 million dalasi as tax.

“I was appointed Chairman of the Board of Gam Petroleum since inception until I sold my shares”, he said. He said the shareholders of Gam Petroleum are Social Security and Housing Finance Corporation who held 31%, Gambia Ports Authority 10%, Gambia National Petroleum Company Limited 7%, Amadou Samba 10%, Muhamed Bazzi 31% and Fadi Mazegi 10.5%.

The Memorandum of Association of Gam Petroleum Storage Facility Company Limited, Certificate of Incorporation dated 10th July 2003, copies of application of Business Registration, amended Memorandum and Article of Association, a copy of a Cheque in the sum of over 9 million dalasi issued to Gambia Revenue Authority and a receipt issued by Gambia Revenue Authority to the Witness in respect of Capital Gains Tax, together with all other relevant documents relating to Gam Petroleum, were all tendered and marked as exhibits.

Commission resumes hearing today at 10am.

A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
8491 Posts

Posted - 05 Dec 2017 :  14:19:26  Show Profile Send Momodou a Private Message  Reply with Quote
‘I was not involved in the sale of Gamveg Oil Company’

The Point: Tuesday, December 05, 2017

http://thepoint.gm/africa/gambia/article/i-was-not-involved-in-the-sale-of-gamveg-oil-company

Fadi Mazegi, managing director of Euro Africa Group, and director of Gamveg Oil Company, yesterday told the Janneh Commission that he was not involved in the sale of Gamveg Oil Company Ltd.


Mr. Mazegi made this revelation when he reappeared before the said commission to explain about a letter of credit for the sum of €826,310 in favour of one Nucci Danniele and Co.

His attorney, Victoria Andrews, appeared on his behalf. Commission’s counsel, Mrs. Amie Bensouda, put it to him that he was the MD for Gamveg Oil Company Ltd., but he responded in the negative and added that he was the director.

On why he became signatory to the account, he informed the commission that it was because Mr. Bazzi was not available; adding that he was not involved in the sales of GamvegOil Company, as discussions of the sale was directly with Muhammed Bazzi.

According to him, the Ministry of Finance at the time promised to give protection to GamvegOil Company, and he knew that the sale of the company to the then government did not go through. Further responding to counsel, he said he was aware that the $700,000 being public funds was never refunded to the former government by Gamveg.

Mr. Mazegi, who was also summoned in relation to a letter of credit to Dr. Yahya A.J.J. Jammeh Foundation account, to the tune of €826,310 to which Euro Africa took responsibility of the said amount. He said he received a phone call from Mr. Bazzi, telling him that the former president had instructed them to write a comfort letter to Trust Bank Gambia Ltd. However, the witness said they never did so because the money was not meant for Euro Africa Group, and Trust Bank was reluctant to open a letter of credit.

At that juncture, counsel put it to him that he was paying some money into the account but the witness said they did not contribute to the transaction of the account. The business magnet further explained that the animal feeds which were imported from a company in Italy were meant for the cattle belonging to the former president.

Mrs. Bensouda asked the witness whether he was concerned as managing director of Euro Africa Group that public funds were diverted to a charitable organisation; he responded that Mr. Bazzi told him that he would discuss with the former president and that he was comfortable.

Documents in relations to the said amount were tendered and admitted as exhibits, as well as correspondences between GamvegOil Company, GT Bank and ex-president in relation to the sale of Gamveg to the former government. The witness was further shown documents in relation to some transactions on the account which he confirmed to the commission.

According to him, the $612,000 paid to Global Trading Company was for the purchase of ten vehicles for the AU Summit and that the contract was through negotiation, and he was part of the transaction and they were dealing with the Ministry of Finance. He added that it was Global Trading that supplied the cars and would do the transactions while Euro Africa Group would receive the money on behalf of Global Trading.

It was put to him that hence Euro Africa Group received payments on behalf of Global Trading, then they were expected to pay taxes for every transaction but the witness said their company is tax compliant. However, Magezi could not remember how much was paid for the rental of forty vehicles used for the AU Summit.

Some list of documents that were supposed to be provided by the witness were not availed to the commission. However, Magezi’s attorney said they have written to the secretariat, informing the commission some of the challenges they are facing in retrieving some of the documents, including accounting software for both Euro Africa Group and Gam Petroleum respectively. However, they promised to furnish the commission with documents requested.

Documents relating to contracts that were awarded to different companies in relation to NAWEC’s works were admitted as exhibits.

Next to testify was former secretary general, Lamin Nyabally, who testified that he was deputy ambassador and Charge De Affair at the Gambian Embassy in South Africa but was recalled in March, 2017 but finally came back on the 4th of November, 2017.

Mr. Nyabally was summoned in connection to payments made from the GNPC accounts which he confirmed to be a signatory. He said the former president approved certain transactions, and payments like scholarship and construction at state house were made.

According to him, the former president did not take over the account when he was secretary general. At that point, a document was given to him in relation to Gai Enterprise Construction but he said he had never seen the contract, further stating that he was instructed by the former president to effect payments. He added that the storey building at state house was for offices as well as a bus park but he did not know the cost of the contract.

When asked whether he ever visited the site where the construction of the building was being done, he responded in the negative. Payments of D10, 000,000 to Gai Constructions from GNPC Access and Skye Bank accounts was in relation to the same contract.

On the payment of €80,000 paid to Studio Tech in Belgium, was for the provision of broadcasting materials for GRTS, approved by the former president and the payment of over € 120,000 was meant for State Aircraft which was paid to GIA from the same account. There was another payment amounting to 1,320,000 CFA authorised by the witness and Sulayman Samba to one Sheikh Tijan Njie in relation to MV Bintang Bolong Vessel.

He said the environment was such that you cannot question the former president for signing directives. The president would only direct them to make payments from any account he wished, and if he instructed them, they dare not to challenge his instructions or directives which he said might lead to consequences.

A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
8491 Posts

Posted - 06 Dec 2017 :  14:20:57  Show Profile Send Momodou a Private Message  Reply with Quote
Premier Agro Oil Company defaulted to pay loan: Finance PS

The Point: Wednesday, December 06, 2017


http://thepoint.gm/africa/gambia/article/premier-agro-oil-company-defaulted-to-pay-loan-finance-ps

Mr. Abdoulie Jallow, permanent secretary, Ministry Of Finance, yesterday told the Janneh Commission that Premier Agro Oil Company situated at Denton Bridge, failed to pay a loan owed to Standard Chartered Bank.


Mr. Jallow made this revelation when he reappeared before the said commission to explain about the sale of Premier Agro Oil Company Ltd. He said the company was involved in the processing of groundnut oil which was exported overseas.

According to him, in 2005, the company took a loan from Standard Chartered Bank and they defaulted. He further stated that the bank took over the assets of the company. He testified that the chief executive officer of the bank engaged the Ministry of Finance for the sale of the assets to the tune of D20, 000,000.

He said prior to the sales of the assets, the Ministry of Finance engaged GGC, now called National Food Processing and Marketing Company (NFPMC), to provide them with a brief report to help the ministry in the negotiation process; adding that the report was prepared on the 13 June, 2006. However, they could not trace the directive from the former president and they engaged the Ministry of Justice and the bank to find out the sale agreement of the company but they could not.

However, the commission’s Counsel Amie Bensouda asked him to make further efforts to trace the said agreement. Mr. Jallow testified that the original owners of the company were Indians and the Ministry of Finance noticed that all the exporters of groundnut were not operating and this was why the former government deemed it prudent to buy the company to add value, and that the agreement between the Ministry of Finance and GGC was a grant.

The witness further explained that it was agreed that the plant should be rehabilitated before it was bought by the former government, and that the company was not registered under the single window business registration and the D20, 000,000 used was not from the budget and the Ministry of Finance paid the money.

At that juncture, correspondences between the Ministry of Finance, the company, the bank and the office of the former president were tendered and admitted as exhibits.

Earlier, Mr. Lamin Nyabally, former secretary general, who appeared for the second time in relation to payments made from the GNPC accounts, was asked to identify some transaction documents which were shown to him by Mrs. Bensouda’s assistant, Counsel Anna Njie, to which he said were in relation to fishing nets and engines.

Mr. Nyabally was again shown other transactions to identify and he said they were for the purchase of dental chairs for Fajara Barrcks dental clinic and this was a directive from the former president. He added that there was a scholarship scheme and the former president would authorize to award the scholarship and they would effect payments.

According to him, they used to receive applications from individuals and they would forward them to the former president who would approve them to award scholarships; adding that he was not aware whether the applications passed through the Ministry of Education. He said they had little idea how awards were made by the former president, and it was not an easy situation when scholarships were being awarded. He confirmed that he signed some documents in relation to fishing nets and scholarships respectively.

At that point, Ms. Njie applied for supporting documents on fishing nets, boats and scholarship payments to be admitted as exhibits.

Next to testify was former Secretary General Njogu Bah, who was summoned in relation to Kanilai International Festival and Tribute to Michael Jackson Account. Counsel put it to him that approximately the sum of D11, 000,000, being public funds, was deposited into this account.

During his testimony, Mr. Bah said he could not recall that an account was opened at Eco Bank bearing the same name. However, he disclosed that the former president was introduced to Jamen Jackson by one Mbacke Thioun.

He said Mr. Jackson wanted to organise a tribute for his late brother and the former president opted to host the event and when the event was approaching, an account was opened at Trust Bank for the event.

The former secretary general testified that the former president was acquainted with celebrities and that he was going to fund the event, further noting that funds never came from Jammeh but from Trust Bank. The former president was the leader and had decided that he would host the event, and that there was an excitement because the event would attract tourists. The minister of finance had to go and find the funds to host the event.

Mr. Bah informed the commissioners that he would not know where the former president was going to get money to fund the event; adding that he was not aware whether there was any point in time that the Jackson family financed the event. He said there was an organising committee comprising Fatou Mass Jobe-Njie, Fatou Lamin Faye and others whom he said were tasked to make sure that the event was successful and the former president would then approve for the event to be hosted.

At this juncture, he was shown some transactions and told that he and the former president were signatories, which he confirmed. With regard to the chartered flight for Jamen Jackson, the sum of D2, 856,522 was spent while the sum of D650,000 was also paid to one Babucarr Bah for foreign exchange in relation to the event. There was another disbursement of D2, 450,731 paid to Trust Bank and as well as D620,000 to the same bank for Babucarr Bah, who was providing Trust Bank with foreign currency.

Commission’s counsel further told the witness that the sum of D1,510,000 was paid to Babucarr Jobarteh, head of protocol, and as well as D3,000,000 paid to Amadou Samba which the witness assumed was in relation to fireworks. He added that it was correct as stated by counsel that there were payments made to hotels for accommodating celebrities from United States of America.

On the National Security Project Account, it was put to him that he and the former president were signatories, which he confirmed. He said that the purpose of the account was for projects relating to issues of national security, further stating that $2,100, 000 was paid into the account and was from the Republic of China; adding that he was asked to open the account by the former the president.

Author: Dawda Faye

A clear concience fears no accusation - proverb from Sierra Leone
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Former Bar Association president testifies before Janneh Commission

The Point: Thursday, December 07, 2017

http://thepoint.gm/africa/gambia/article/former-bar-association-president-testifies-before-janneh-commission

Lawyer Loubna Farage, a private legal practitioner and one time president of The Gambia Bar Association was summoned by the Janneh Commission yesterday in her capacity as the secretary of Gam Petroleum Storage Facility.


She was summoned to shed light on Gam Petroleum Storage Facility as well as the company itself.

Testifying before the commission, she said she never had the original copies of the company and incorporated certificate but rather she had some of the documents of the company.

Lawyer Farage, however, stated that she would tender the documents she had but objected to produce the documents that were in the custody of the company.

She was told that she would be given time to produce the documents and she said they were not in her possession. However, she said she had to seek the permission of the company to produce the documents, further stating that she had the shares certificate of the shareholders of Gam Petroleum Storage Facility.

She added that the shareholders were Amadou Samba, Mr. Bazzi, Mr. Mazegi, GPA, GNPC and SSHFC. She said Gam Petroleum is an offshore company which used to have shares in the Gam Petroleum Company. According to her, she was not the lawyer who incorporated the company, further stating that in 2008, Gam Petroleum was restructured and that was when the said company was incorporated.

According to Barrister Farage, in 2009, Mr. Bazzi and Mr. Samba transferred shares to the Gam Petroleum, as Bazzi owns 99% share while Mr. Samba owns 1% in the Gam Petroleum Storage Facility Company; adding that she did not have documents authorising the closure of Gam Petroleum Ltd. She said the resolution of Gam Petroleum Storage Facility was in her custody and there were share transfers from Mr. Mazegi to Mr. Samba and from Mr. Bazzi to SSHFC.

The witness further testified that there was a resolution of transfer and cancellation of shares, and that Gam Petroleum Storage Facility Company was incorporated since 2003.

At that juncture, Memorandum and Articles of Association of Gam Petroleum Storage Facility, resolutions, share certificates, 2017 annual returns as well as documents relating to Gam Petroleum Company Ltd were admitted as exhibits. However, the witness disclosed that there was no resolution for the transfer of shares, but Counsel Bensouda put it to her that she was expected to produce the resolution of 2008 and 2009 among others.

Sittings continue today.

Author: Dawda Faye

A clear concience fears no accusation - proverb from Sierra Leone
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Hawa Sisay-Sabally testifies in relation to $3M transfer

The Point: Friday, December 08, 2017


http://thepoint.gm/africa/gambia/article/hawa-sisay-sabally-testifies-in-relation-to-3m-transfer

Hawa Sisay Sabally, a senior legal practitioner, yesterday testified before the Janneh Commission in relation to the sum of $3,000,000 transferred by Captain Ebou Jallow to a private bank.


Commission’s counsel, Mrs. Bensouda, told her that some amount was retrieved by Central Bank of The Gambia and that the Ministry of Justice was involved. She then asked her to explain how the ministry got involved in the transaction.

However, Mrs. Sabally intimated that she was not the attorney general at the time of the transfer but she was the solicitor general; adding that in 1995, she acted as the attorney general but was finally appointed in 1997 and subsequently terminated in 1998. She finally testified that she would not know how the ministry got involved.

Ousman Njie, acting chief executive officer, Standard Chartered Bank, while appearing before the commission, apologised on behalf of the bank for not appearing on the 6th December, 2017.

Mr. Njie testified that it was correct that their bank sold Premier Agro Oil Company to the former government in 2006; adding that there was an acknowledgement from Musa Balla Gaye, the former Finance minister, confirming the payment of D20,000,000 in relation to the purchase of the said company. He added that the Sheriff Division was in charge of the sale and payments were effected through the bank solicitor, Ms. Ida Drameh.

According to Njie, Premier Agro Oil Company was owned by Indians and was involved in the purchase and processing of groundnut. At this point, the witness, after looking at some documents given to him by counsel, confirmed them to be in connection to the sales of the company.

He recalled that the bank was dealing with the Ministry of Finance because the sale was arranged with the ministry. Documents relating to the sale of the company, including the company’s statement of accounts showing deposits of D20, 000,000 in sequence were admitted as exhibits.

When asked whether there was a title deed, he said the collateral was a plan but he was not sure whether a title deed was deposited. He said they were searching for the Memorandum and Article of Association, noting that there was an overdraft given to Kairaba Beach Hotel and the facility was extended to the hotel to the tune of $2,500,000 for the renovation of the hotel. When asked how he knew about these transactions given that there was no document with him, he responded that he knew it after he spoke to some staff of the bank.

Mr. Njie further confirmed that the bank received transfer of $10,000,000 out of which $7,500,000 was debited to Trust Bank, further stating that the facility was liquidated. At this juncture, Commissioner Saine asked why the managing director of the bank did not appear but the witness responded that he was out of the jurisdiction but was comfortable to proceed with his testimony. However, it was put to him that the commission was not comfortable with testimonies that were not accompanied with documents. The witness responded that they made searches for the Kairaba Beach Hotel file but could not trace it out.

The counsel therefore then urged the bank to endeavour and produce the file because there was controversy surrounding the sale of the hotel. The chairman of the commission advised him to inform the MD of the bank to appear before the commission.

At this juncture, Counsel Bensounda told him that he was expected on the 18th of December, 2017.

Next to testify was Mr. Abdoulie Cham, former Central Bank Financial Controller, who reappeared for the second time. He told the commission that in 2001, they went on a mission to Standard Chartered London after they received a Power of Attorney in connection to a loan amounting to $150,000,000 in Los Angeles in United States of America; adding that the loan was between Jewel Finance Corporation and the former government.

According to him, the purpose of travelling to Standard Chartered London was because the Banjul -based branch advised them to travel to the UK in respect of the loan, as they wanted to know the amount as well as the risk involved in the loan facility.

Mr. Cham reiterated that $28,500,000 was withdrawn from CBG which he said was a bridging facility and was treated as such. He added that when they received foreign currencies, they would do the posting in their books but could not tell whether the monies were recovered. He further confirmed that there was a withdrawal of $5,000,000 on the instruction of the Ministry of Finance.

At this juncture, Mrs. Bensouda applied to tender an IMF Country Report dated May, 2004 which was admitted together with the Power of Attorney and other relevant documents as exhibits.

Mr. Cham was asked about the proprietors of several bureau de change such as; ‘Waychett Faling’, Global Investment and Asset Management but could not remember some of the proprietors.

Commissioner Abiosseh George told the witness that she could not understand why some payments were made without capturing them in their records. Mr. Cham responded that since the former governor, among others, never took formal responsibilities, he could not do otherwise.

Author: Dawda Faye

A clear concience fears no accusation - proverb from Sierra Leone
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GT Bank MD dwells on Ex-President Jammeh’s accounts


The Point: Tuesday, December 12, 2017


http://thepoint.gm/africa/gambia/article/gt-bank-md-dwells-on-ex-president-jammehs-accounts

Mr. Ayodele Bolaji, managing director of Guaranty Trust Bank, reappeared before the Janneh Commission in relation to accounts belonging to the former president.


According to him, the former president used to own four accounts at the said bank, namely Dalasi, Euro, Dollar and Pound Sterling respectively. He said all accounts were opened in 2015.

He informed the commission that the Dalasi account was opened on the 7th February, 2015, and closed on the 30 June, 2017, and that it was frozen and the last transaction was on the 23rd of January, 2017.

The total deposit into the account, according to him, was D5, 780,725 which he said was Jammeh’s salary account, further stating that his monthly salary was D170, 000.

He said the balance was D4, 207,889.63, further adding that there were two withdrawals. According to him, there was a total deposit of $22,000 in 2015, and it was withdrawn on the 8 January, 2017.

He testified that the Euro account was opened on 8 January 2015 with a deposit of €15, 833.03 and the Pound Sterling account was opened in 2015 with a deposit of£12, 500.

At this juncture, transfer information, statements of accounts of Dalasi, Dollar, Pound Sterling and Euro were tendered and admitted as exhibits.

With regard to the office of the former first lady’s account, the witness revealed that there were four accounts opened on the 10 October, 2016; namely Dalasi, Euro and Dollar accounts respectively but there was no Pound Sterling account.

On the Dalasi account, former First Lady Zainab Jammeh and Alagie Ousman Ceesay were signatories to the account and the first transaction was done on the same day the account was opened while the last transaction was on the 13 January, 2017. The total deposit into the account, according to him, was D126, 844.20.

He added that this account was classified as government account because it was opened based on the letter the bank received from the Office of the First Lady and the balance in this account was D15.

On the Dollar account, he stated that it was opened on the 10 October, 2016 and the last transaction was 13 January, 2017, and there was a total deposit of $287,451 leaving a balance $8,691. He said all the payments were in cash deposited by Alagie Ousman Ceesay, chief protocol officer, Office of the former President. He, however, disclosed that there were various transfers to the United States of America, France and Morocco and there were twenty-six transfers in three months.

On the Euro account, the banker testified that there was a deposit of €33,896.52 into the account and the first transaction was done on the 10 of January, 2017, while the last transaction was 13 January, 2017, and there were five deposits made by Alagie Ousman Ceesay.

Mr. Bolaji further disclosed that all the transfers were sent to US to different payees and the balance was €0.31; adding that there was no Pound Sterling account.

At this juncture, the witness agreed with Counsel Bensouda that the accounts were used for the first lady’s personal business. Documents relating to all these accounts were tendered and admitted as exhibits.

On Operation Save the Children Account, the account had both Dalasi and Dollar accounts and the signatories were former first lady and the former vice president, Isatou Njie Saidy. The accounts were opened on the 29 January, 2016 and there was a letter from the Office of the former First Lady, signed by Fatou Mass Jobe-Njie.

According to him, the first transaction was on the 28 September, 2016, while the last transaction was 8 March, 2017, and the account was frozen. He said the total deposit in this account was $506, 865,160 and the sum of $25,000 was transferred to Israel and there were two cheques amounting to $68,250 and another $88,000 which were all transferred. He said there was a balance of $597,165 and the sum of $4,190 was transferred to T.K. Motors and that there was no transfer of dollars to hospitals.

On the Dalasi account, Mr. Bolaji revealed that the sum of D21, 237,877.60 was deposited while the balance was D1, 494,261.58 and the first transaction was on the 16 February, 2016, while the last transaction was 28 November, 2017. He added that the sources of these funds were from donor agencies, and the Republic of China donated over $400,000 into the Dollar account.

He further disclosed that Jah Oil Company donated D1, 000,000 while NAWEC donated D400, 000, as well as Gambia Revenue Authority (GRA), Gambia International Airline (GIA) and Gambia Food Safety all donated significant amount to Save the Children Dalasi account through buying tables for dinner.

Mr. Mousa Mousa, managing director, T.K. Motors, said that he has been the MD since 2004; adding that the company was incorporated by Tarik Mousa in 1997. However, hence he was not prepared; he craved the indulgence of the commission to give him time to get prepared. He added that the proprietor of T.K. Motors, Tarik Mousa, also owns T.K. Exports and the shareholders of T.K. Exports are the witnesses, Tarik Mousa and Mrs. Aisha Balla Gaye.

Next to testify was Mr. Edrisa Njie, the managing director of Gambia Engineering and Consultancy Services (GAMECS),who was summoned in connection to the construction of slipways for two ferries, Aljamdou and Kansala. He said in 2011, he conducted a consultancy for the construction of slipways for the said ferries; adding that he was aware that the ferries were not operational.

According to him, their assignment was to design slipways for the ferries which was based on the information they had from Gallia Holding and GPA respectively. He said he saw the ferries when they arrived in Banjul and that they supervised the construction of the slipways.

He said prior to constructing the slipways, they made recommendation for geological situation to be identified but they later realised that the ferries could not dock and advised GPA for the landing site to be relocated which was done. He said while Aljamdou was on sea trial, the ram fell into the sea while Kansala was able to dock on the slipway constructed in Banjul. However, he said they were later asked to vacate the place and soldiers were deployed to guard the place and since then, he did not know what transpired.

Mr. Njie, however, said had it been there were dredges, then Kansala could have continued to operate or ply on the slipways constructed; adding that he did not know why Aljamdo’s ram fell neither did he know why they were asked out, even though there was another project being done for which he said requested their services to conduct a geological survey.

He said nobody was allowed to go and see the new project which was supervised by Global Trading, and that he had been in the field for 60 years.

Mr. Njie finally testified that there was no adequate information available to them before the arrival of the ferries. Meanwhile, GAMECS report prepared by the witness in relation to the construction of the slipways was tendered and admitted as exhibit.

Musa Bittaye, a senior legal practitioner, also testified in connection to the recovery of $3,000,000 transferred by Captain Ebou Jallow. He recalled that he was appointed on the 15 January, 1996, as attorney general and minister of Justice and was dismissed on the 23 April, 1996.

According to him, sometime in 1996, the then chairman of the AFPRC, Yahya Jammeh, asked him on the phone to see him at State House and told him that Captain Ebou Jallow had transferred $3,000,000 and solicited his advice as to what to do.

He told the former president that he had to go to Switzerland but prior to his travel to Geneva, he contacted the Gambian Consul to make arrangements for him to appear before a judge which he did. He said when he appeared before the judge, the judge requested for evidence and he then contacted the Ministry of Defence and Central Bank to provide him with some documents which he used to persuade the judge and subsequently Captain Jallow’s account in Switzerland was blocked.

According to him, because of the legal implication, he engaged a local Swiss lawyer to freeze Captain Jallow’s account but he was relieved of his duties when he returned. He assumed that those who took over from him could have proceeded with the matter in Switzerland; adding that he could not remember the bank where Captain Jallow transferred the said sum.

Mr. Bittaye further testified that the money transferred by Captain Jallow belonged to the former government, and that to the best of his knowledge, Captain Jallow was given a power of attorney to open the account in Switzerland; adding that he was also given a power of attorney to represent the former government in the matter. He said he did not ask the purpose of opening the account in Switzerland and Captain Jallow was not authorised to withdraw the money, as he never consulted his colleagues.

He said he never knew whether the money was retrieved, and that Captain Jallow was a member of AFPRC together with him, Yankuba Touray and Edward Singhatey.

Author: Dawda Faye

A clear concience fears no accusation - proverb from Sierra Leone
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