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Momodou
Denmark
11512 Posts |
 Posted - 28 Nov 2018 : 13:25:29
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Counsel Bensouda: Jammeh forced GNPC, GPA & SSHFC to buy shares in Gam Petroleum
The Point: Wednesday, November 28, 2018
http://thepoint.gm/africa/gambia/article/counsel-bensouda-jammeh-forced-gnpc-gpa-sshfc-to-buy-shares-in-gam-petroleum
Counsel Amie Bensouda yesterday told the Janneh Commission that the former president, Yahya Jammeh, forced GNPC, GPA, and SSHFC to buy shares in Gam Petroleum.
Continuing her address, Mrs. Bensouda referred the commission to the 50% markup on Global Trading Group (GTG); adding that GTG was required to pay Heavy Fuel Oil (HFO) to NAWEC.
She submitted that GTG failed to build the storage tank as agreed and the premium was reduced to 3%. She said Muhammed Bazzi, the proprietor of GTG, who had the responsibility in managing NAWEC, was aware of the 3% markup and that GTG had not produced any evidence to show that they had a contract with NAWEC.
According to her, Mr. Abdoulie Jobe, former managing director of NAWEC, informed the commission about the IPP and that there was a licence and an agreement with PURA. She said during the process, NAWEC wrote to the office of the former president, noting that one could infer that the management of NAWEC was subdued under duress.
She said the generators were second-hand machines and the price at which they were bought were too high, which she said was confirmed by Mr. Fadi Mazegi; adding that GTG charged NAWEC $720,000 per month while the energy charge was 41.1 cent per hour.
Lead Counsel Bensouda argued that Mr. Abdoulie Jobe sent a letter to the office of the former president indicating the capacity charge, and that GTG had to provide the demonstrated capacity which was not done.
She further submitted that $12,000,000 was spent on HFO while the total investment was to the tune of $17.5m. She adduced that there was a directive from the Ministry of Energy that NAWEC should stop the investment with GTG, and that no further capacity charge should be made according to the directive.
Mrs. Bensouda argued that GTG submitted a proposal to hand over the facility to NAWEC and NAWEC could have had a better contract with SSHFC than that of the GTG. She alleged that there was no evidence that GTG was compelled to hand over the Power Plant to NAWEC as earlier alluded to by Bazzi’s attorney, Victoria Andrews.
She went on to say that an outstanding capacity charge was $8,000,000 with a total of over $9,000,000, noting that GTG was able to secure the agreement and that a document dated 6th March, 2010, indicated that GTG paid $1,000,000 into the account of the former president as well as $500,000.
According to her, the markup was not justified for NAWEC to pay as charged by GTG because the generators were old. She wondered how could the office of the former president order NAWEC to sign a contract with GTG, and that NAWEC was paying 61% from its revenue to GTG.
On the letter written by Mr. Muhammed Bazzi to the former president regarding the tariff, it was stated that he and his company were responsible for the operations of NAWEC. She went on to say that Mr. Bazzi said the former president wrote to him in response to his letter that he was humiliated, and that the exclusivity was guaranteed by GTG.
She submitted that GTG paid $500,000 into the account of Kanilai Group International (KGI), and it was the language of Mr. Bazzi that GNPC was an exporter and a retailer. However, she said there was no evidence to show that Mr. Bazzi and his team were arrested and detained at the National Intelligence Agency (NIA).
She further stated that they could not understand why the government should hand over NAWEC to GTG, noting that Messer. Mamburay Njie, and Momodou B. Jallow testified that they were invited to a meeting to discuss the contract between NAWEC and GTG.
Mrs. Bensouda submitted that it was amazing that Mr. Bazzi did not know what a conflict of interest was, noting that the agreement did not say that GTG was just an adviser. She argued that Mr. Alagie Conteh accused Mr. Bazzi of inflating the tender on the contract to provide electricity, and that there was evidence that the price was inflated as Mr. Conteh testified.
On the extension of the exclusivity licence for the importation of fuel by Euro Africa Group, she revealed that it was extended on the 10th of August, 2010. She added that Mr. Mazegi said payment had been made by SSHFC and the sum of $3,300,000 was transferred from SSHFC account.
Commission Counsel Bensouda further stated that Mr. Bazzi said that there was a directive from the office of the former president for SSHFC to purchase generators on behalf of NAWEC, and the said generators were not delivered until March, 2018. She said GTG did not pay any guaranty and the generators were not installed, because GTG needed €1.8m, and that the contract should have been completed within eight months.
She alleged that the project expiry date was extended several times, further submitting that there was no single matter as submitted by counsel Andrews that GTG had genuine contracts with NAWEC.
On Gam Petroleum, she submitted that Mr. Amadou Samba told the commission that he was not involved in the daily transaction of the company, and that Mr. Bazzi said there was a major investment to build Gam petroleum depot.
According to her, there was nothing in the file to show that MA Kharafi was interested in the construction of the storage facility, noting that the contract was done at the request of the former president, and there was no agreement signed and it was not clear who the share holders were and how much they held.
She said the executive has no power to interfere or direct any public enterprise to invest in such enterprises; adding that there was no evidence to show that there was reluctance to sell shares in the company.
Mrs. Bensouda submitted further that Gam petroleum was controlling the depot and the management of the company, stating further that dividend could not be paid and expenditure was deflated. She said the audit report by DT Associates revealed that Gam petroleum did not produce documents on their expenditures.
According to her, the sum of $24,000,000 worth of fuel belonging to TOSTA was supplied to Gam petroleum by GNPC and this was based on the fact that there was an emergency.
On the Mandinary land where the depot is situated, she said government did not own the said land and could not compulsorily take a land and give it to Gam Petroleum, further stating that all what they promised to the villagers at Mandinary were not honoured. However, she said the land was valued at D6.8m but the proprietors were only given D1,000,000 as compensation.
She also addressed the commission on the ownership of the “Daily Observer” Newspaper.
Sittings continue on Thursday 29th November, 2018.
Author: Dawda Faye |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11512 Posts |
Posted - 29 Nov 2018 : 09:40:08
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AT THE JANNEH COMMISSION: Commission Counsel Bensouda Continues Marathon Address
Foroyaa: November 28, 2018
By Momodou Dem
http://foroyaa.gm/at-the-janneh-commission-commission-counsel-bensouda-continues-marathon-address/
Commission Counsel Amie Bensouda, yesterday November 27th 2018, continued her marathon address before the ‘Janneh’ Commission. Commission Counsel Bensouda intimated that the executive has no power to interfere in public enterprise’s investments.
In her address, Bensouda referred the Commission to the 50% mark-up on Global Trading Group (GTG); that GTG was required to pay Heavy Fuel Oil (HFO) to NAWEC. She submitted that GTG failed to build the storage tank as agreed and the premium was reduced to 3%; that Muhammed Bazzi, the proprietor of GTG, who had the responsibility of managing NAWEC, was aware of the 3% mark-up and that GTG had not produced any evidence to show that they had a contract with NAWEC.
According to her, Abdoulie Jobe, former Managing Director of NAWEC, informed the Commission about the IPP, and that there was a license and an agreement with PURA. She said during the process, NAWEC wrote to the office of the former president, noting that one could infer that the management of NAWEC, subdued under duress.
She said the generators were second-hand machines and the price at which they were bought, were too exhorbitant which she said, was confirmed by Fadi Mazegi; that GTG charged NAWEC $720,000 per month while the energy charge was 41.1 cent per hour.
Commission Counsel Bensouda argued that Abdoulie Jobe sent a letter to the office of the former president indicating the capacity charge; that GTG had to provide the demonstrated capacity which was not done.
She further submitted that $12,000,000 was spent on HFO, while the total investment was to the tune of $17.5m; that there was a directive from the Ministry of Energy that NAWEC should stop the investment with GTG, and that no further capacity charge should be made. Bensouda argued that GTG submitted a proposal to hand over the facility to NAWEC and NAWEC could have had a better contract with SSHFC, than that of the GTG. She alleged that there was no evidence that GTG was compelled to hand over the Power Plant to NAWEC, as earlier alluded to by Bazziz’s attorney, Victoria Andrews. She went on to say that an outstanding capacity charge was $8,000,000 with a total of over $9,000,000, noting that GTG was able to secure the agreement; that a document dated 6th March 2010, indicated that GTG paid $1,000,000 into the account of the former president as well as $500,000.
According to her, the mark-up was not justified for NAWEC to pay as charged by GTG, because the generators were old. She wondered how could the office of the former president order NAWEC to sign a contract with GTG, and that NAWEC was paying 61% from its revenue to GTG.
On the letter written by Muhammed Bazzi to the former president regarding the tariff, it was stated that he and his Company were responsible for the operations of NAWEC. She went on to say that Bazzi said the former president wrote to him in response to his letter, that he was humiliated, and that the exclusivity was guaranteed by GTG.
She submitted that GTG paid $500,000 into the account of Kanilai Group International (KGI), and it was the language of Bazzi that GNPC was an exporter and a retailer. However, she said there was no evidence to show that Bazzi and his team were arrested and detained at the National Intelligence Agency (NIA).
She further stated that they could not understand why the former Government should hand over NAWEC to GTG, noting that Messrs Mamburay Njie, and Momodou B. Jallow, testified that they were invited to a meeting to discuss the contract between NAWEC and GTG.
Bensouda submitted that it was amazing that Bazzi did not know what conflict of interest was, noting that the agreement did not say that GTG was just an adviser. She argued that Alagie Conteh accused Bazzi of inflating the tender on the contract to provide electricity, and that there was evidence that the price was inflated as Conteh testified.
On the extension of the exclusivity license for the importation of fuel by Euro Africa Group, Bensouda revealed that it was extended on the 10th of August 2010; that Mazegi said payment had been made by SSHFC and the sum of $3,300,000 was transferred from SSHFC’s account.
Commission Counsel Bensouda further stated that Bazzi said there was a directive from the office of the former president for SSHFC to purchase generators on behalf of NAWEC, and the said generators were not delivered until March, 2018. She said GTG did not pay any guaranty and the generators were not installed because GTG needed €1.8m; that the contract should have been completed within eight months.
She submitted that the project expiry date was extended several times, further submitting that there was no single matter as submitted by counsel Andrews, that GTG had genuine contracts with NAWEC.
On Gam Petroleum, Bensouda submitted that Amadou Samba told the Commission that he was not involved in the daily transactions of the Company, and that Bazzi said there was a major investment to build the Gam petroleum depot.
According to her, there was nothing in the file to show that MA Kharafi was interested in the construction of the storage facility; that the contract was done at the request of the former president, and there was no agreement signed; that it was not clear who the shareholders were and how much they held. She said the executive has no power to interfere or direct any public enterprise to invest in such enterprises; that there was no evidence to show that there was reluctance to sell shares in the Company.
Bensouda submitted that Gam petroleum was controlling the depot and management of the Company; that dividend could not be paid and expenditure was deflated. She said the audit report by DT Associates reveal that Gam petroleum did not produce documents of their expenditures.
According to her, the sum of $24,000,000 worth of fuel belonging to TOSTA, was supplied to Gam petroleum by GNPC, and this was based on the fact that there was an emergency.
On the Mandinary land where the depot is situated, she said the former Government did not own the said land and could not compulsorily take a land and give it to Gam Petroleum; that all what they promised to the villagers of Mandinary was not honoured. She however said the land was valued at D6.8m but the proprietors were only given D1,000,000 as compensation.
Bensouda further addressed the Commission on the ownership of the “Daily Observer” Newspaper.
Sittings continue on Thursday November 29th 2018.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11512 Posts |
Posted - 29 Nov 2018 : 09:41:39
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Supreme Court To Hear Cases Against ¡®Janneh¡¯ Commission Today
Foroyaa: November 28, 2018
By Yankuba Jallow
http://foroyaa.gm/supreme-court-to-hear-cases-against-janneh-commission-today/
The Gambia Supreme Court will today hear for the first time, the case of Muhammed Bazzi, Fadi Mazegi and Loxly Epie, against the ¡®Janneh¡¯ Commission of Inquiry.
Muhammed Bazzi and Fadi Mazegi are aggrieved with the decision of the Commission of Inquiry, probing into the financial dealings of ex-president Jammeh and his close associates.
The two appellants filed an appeal at the Gambia Court of Appeal to quash the order of the Commission, but things did not go in their favour. Now before a quorum of the Supreme Court headed by Chief Justice Hassan B. Jallow, the case is set for mention.
The Court comprises Justice Hassan B. Jallow, Justice G.B.S. Janneh, Justice R.C. Sock, Justice Cherno Sulayman Jallow, Justice Nicholas Colin Brown-Marke (from Sierra Leone), Justice Abubakar Datti Yahaya (from Nigeria) and Justice Mamyassin Sey. Muhammed Bazzi will be represented by Loubna Farage and Fadi Mazegi will be represented by Lawyer Andrews.
Other cases to be heard by the Court today include, Feryale Ghanem versus the ¡®Janneh¡¯ Commission. The appellant will be represented by Lawyers Ida Drammeh and Yassin Senghore.
Loxly Epie versus the Central Bank of the Gambia, will also be heard today. Lawyer Hawa Sisay Sabally will be the Counsel for the appellant.
According to a press release issued by the Office of the Chief Justice, thirty matters have been scheduled to be heard during the session. Ten of these are criminal appeals, three are civil suits relating to Commissions of Inquiry and the remaining 26 are civil appeals. The session will close on 7 December, 2018.
Read Foroyaa's subsequent publications for more information on these cases.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11512 Posts |
Posted - 29 Nov 2018 : 14:24:31
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Supreme Court hears motion against Commission of Inquiry
The Point: Thursday, November 29, 2018
http://thepoint.gm/africa/gambia/article/supreme-court-hears-motion-against-commission-of-inquiry
The Supreme Court of The Gambia yesterday heard a motion filed by Feryale Ghanem against the Commission of Inquiry and the Attorney General.
The apex court was presided over by Chief Justice Hassan B.Jallow, Justice G.B.S Janneh, Justice Raymond Sock, Justice Sulayman C. Jallow and Justice Mamyassin Sey.
It could be recalled that the Commission of Inquiry made an order early this year freezing assets of former President Yahya Jammeh and his close associates including the plaintiff (Feryale Ghanem).
The Commission of Inquiry was established by an Act of the National Assembly to probe into the financial dealings of the former president and his close associates.
The plaintiff therefore filed a motion before the Gambia final appellate court seeking redress to overturn the interim order made by the Commission.
The Commission of Inquiry and the Attorney General were joined as the 1st and 2nd defendants in the said suit but lawyer Amie Bensouda in her submission yesterday informed the Supreme Court that the Commission filed a motion dated the 12th October 2018 and filed the same day seeking Court powers to strike out the Commission as a party to the suit.
Lawyer Bensouda submitted that the Commission of Inquiry is not a party to any suit in respect of its orders and that it is not a person but an adjudicating body.
She cited Section 200 of the Constitution that the Commission is an institution for appointing commissioners having regards to the fact that the Commission of inquiry was set up by the president pursuant to Section 200 of the Constitution.
She also cited Section 202 of the Constitution, which states the functions, and powers of the Commission.
She indicated that it is clear from the writ of summons that the plaintiff; Feryale Ghanem is questioning the interim decision made by the Commission against her.
Lawyer Bensouda submitted that she relied on the cases of Muhammed Bazzi and Fadi Mazegi that the Commission of Inquiry has the same powers as the High Court and that the Commission of inquiry is not the proper defendant to be cited in the suit.
She pointed out that a tribunal (as an adjudicating authority) should not be summoned to courts to come and defend its decision (orders).
She argued that if a party is aggrieved about the interim order as stated in the Court of Appeal judgment on the 18th January 2018, that party can appeal at the Court of Appeal noting that the Commission cannot be made a party to that suit.
Lawyer Bensouda argued that by virtue of the State proceeding Act section 13, the proper party is the Attorney General adding that the Commission of Inquiry should not be dragged into any court to defend its decision.
She therefore applied for the Supreme Court to strike out the Commission of inquiry as a party in the suit.
Lawyer D. Binga from the Attorney General’s Chambers and ministry of Justice aligned himself with the submission of lawyer Amie Bensouda and urged the court to strike out the name of the Commission of Inquiry from the suit.
In her response, the plaintiff counsel, lawyer Ida Drammeh submitted that section 24 of the Constitution makes provision to secure and for the protection of laws in the country.
Lawyer Drammeh submitted that basic natural justice is for a party to be allowed to state its case without any hindrance adding that whether the Commission of Inquiry is a party or not, the court must accord a fair hearing in the matter.
She referred the court to Section 45 Subsection 3 of the Supreme Court rule and submitted that rule 45 is in accordance with Section 24 of the Constitution that it affords any person likely to be affected by its decision to be given an opportunity to be heard.
She pointed out that hearing a party is such a fundamental issue and the Gambia laws seek to ensure that all parties are heard.
Lawyer Ida Drammeh submitted that the argument made by lawyer Bensouda in relying on the Court of Appeal decision is untenable noting that she ignored the Supreme Court rule for any party likely to be affected by the decision.
Lawyer Drammeh argued that the plaintiff named the Attorney General because the rule requires that it should be named, referring to Rule 45 (3) of the Supreme Court.
She further argued that the State Proceeding Act defines the State and the definition of the State does not include the Commission of inquiry.
She stated that State means the government of the Gambia and the Commission of Inquiry is not the government.
She submitted that if for any reason, the Commission is not to be named as a defendant, then the commissioners ought to be made a party.
She explained that the Commission is independent of the Executive until the Commission provides its report to the President adding that the Commission was set up by the Constitution and it is not for the State to seek to defend the report or decision made by the Commission.
She submitted that the Court of Appeal judgment is not helpful because it de-categorizes the Commission and has no regard for the functions of the Commission.
In her reply on points of law, lawyer Amie Bensouda drew the court’s attention to Section 202 (3) of the Constitution and argued that Commissioners cannot be joined in any matter unless when they are affected by their conducts.
She submitted that there is a distinction between a defendant or a person made a defendant whilst pointing out that Rule 45 of the Supreme Court doesn’t contemplate adjudicating authority but contemplates juristic person.
The matter was adjourned for ruling on a later date.
Author: Bruce Asemota |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11512 Posts |
Posted - 01 Dec 2018 : 13:05:00
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AT THE ‘JANNEH’ COMMISSION: Counsel Bensouda Continues Her Address
Foroyaa: November 30, 2018
By Kebba Secka
http://foroyaa.gm/at-the-janneh-commission-counsel-bensouda-continues-her-address/
The ‘Janneh’ Commission Counsel Amie Bensouda, on Thursday November 29th 2018, continues her address at the ‘Janneh’ Commission of Inquiry, set up by the president to probe into the financial dealings and properties of the former president and his close associates.
Counsel Bensouda submitted that Muhammed Bassi and the shareholders of EuroAfrica Group Ltd., were all close associates of former president Jammeh. She cited various evidence and testimonies of witnesses which she said, clearly proves they were close associates of former President Jammeh; that the testimony of the former Minister of Finance and Economic Affairs Abdou Colley, indicate: “EuroAfrica Group was not fulfilling its financial obligations and requirements.” She said the illegal activities of EuroAfrica Group Ltd., started way back in 2002, which she said was also part of Balla Jarssey’s testimony; that Ahmad Bazzi, brother to Muhammed Bazzi, testified that all the invoices were made in the name of EuroAfrica Group Ltd.
Counsel Bensouda further submitted that Gobal Trading Company Ltd., registered in The Gambia in 2015, made millions at the expense of tax payers. She submitted: “The incomes and value added taxes, are sources of evidence before this Commission.” She further submitted that the interference from the executive of the former regime, has adversely affected the operational efficiency of Gamtel. “The interference from Statehouse by the former regime, has jeopardize the efficient operation of Gamtel,” she said; that an account was created for the Telecommunications Company in which the Secretary General at the time Momodou Sabally, was among the signatories; that before payments could be effected, 50% of the revenue gained from the Company was diverted to Gamtel. Bensouda continued to explain to Commissioners that the former Secretary General and Head of the Civil Service Momodou Sabally, in his testimony before the Commission said he was fired shortly after he made enquiries about the creation of an account by MGI; that the incomes generated by the Company was tampered with by the former president and his close associates. “As we know, the former president eventually terminated the contract. Why? Because of another Ccompany called MGI. This Company was negotiated at Kanilai, residence of the former president, in the presence of Sulaiman Badjie, Babucarr Sanneh, former manager of GAMTEL Balla Jarsey and others.
Commission Counsel Bensouda further submitted that the MOU between Gamtel and MGI, was signed by Babucarr Sanneh on behalf of the Government of the Gambia. “Evidence is before the Commission that the Company generated $140m with 70, 000, 000 Dalasi as profit. Bensouda further told the Commission that staff of Gamtel were all denied access to the Gateway accounts.
She reminded Commissioners that part of their mandate is to investigate the procurement activities of the former president, citing various procurement Sections of the Constitution. She said TK Motors took part in the supply of goods for the former president. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11512 Posts |
Posted - 03 Dec 2018 : 10:29:21
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Janneh Commission extends mandate to next year
The Point: Friday, November 30, 2018
http://thepoint.gm/africa/gambia/article/janneh-commission-extends-mandate-to-next-year
The Commission of Inquiry which is widely coined by the media as Janneh Commission, has decided to extend its duration to 10 January 2019 to enable it complete its mandate, a media dispatch reveals. It added that the commission finds it necessary to extend its duration to complete public hearing and the compilation and writing of its report.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11512 Posts |
Posted - 03 Dec 2018 : 14:33:37
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Commission of Inquiry cannot be sued, Supreme Court declares
The Point: Monday, December 03, 2018
http://thepoint.gm/africa/gambia/article/commission-of-inquiry-cannot-be-sued-supreme-court-declares
The Supreme Court of The Gambia, presided over by Chief Justice Hassan B. Jallow has declared that any party cannot sue the Commission of Inquiry.
The Supreme Court made this declaration last Friday, 30 November 2018 in its ruling in the civil appeal suit filed by Feryale Ghanem against the Commission of Inquiry and the Attorney General and Minister of Justice.
It could be recalled that the Commission of Inquiry, that’s probing the financial dealings of the former President Yahya Jammeh made an interim order to freeze the assets of former President Jammeh and his close associates including the plaintiff; Feryale Ghanem.
The plaintiff; Feryale Ghanem had filed a motion before the country’s apex court seeking redress to overturn the Commission of Inquiry’s order.
The Commission of Inquiry and the Attorney General and Minister of Justice were joined as defendants in the suit but Lawyer Amie Bensouda applied that the Commission of Inquiry cannot and should not be joined in the suit with the Attorney General and Minister of Justice.
In her application, Lawyer Amie Bensouda submitted that the Commission of Inquiry is not a party to any suit in respect of its orders, adding that the Commission of Inquiry has the same powers as the High Court and cannot be dragged to court to defend its decision.
In the ruling last Friday, November 30, 2018, the Supreme Court granted Lawyer Amie Bensouda’s application that the Commission of Inquiry cannot be sued for it decision by a/any party.
After the Supreme Court’s ruling, the applicants counsel, Lawyer Ida Drammeh informed the court that there is a motion that has been filed by the applicant for an injunction and the main suit.
Lawyer Binga D. replied that the entire application made by the applicant’s counsel is to delay the proceedings of the Commission.
Meanwhile, the matter has been adjourned to the 4 December, 2018.
The session was presided over by Chief Justice Hassan B. Jallow, Justice G.B.S Janneh, Justice Raymond C. Sock, Justice Sulayman C. Jallow and Justice Mam Yassin Sey.
Author: Bruce Asemota |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11512 Posts |
Posted - 06 Dec 2018 : 13:30:09
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Jammeh’s closed associate ask Supreme Court to restrain Commission of Inquiry
The Point: Thursday, December 06, 2018
http://thepoint.gm/africa/gambia/article/jammehs-closed-associate-ask-supreme-court-to-restrain-commission-of-inquiry
Feryale Ghanem; close associate of the former president Yahya Jammeh is asking the Supreme Court of the Gambia, presided over by Chief Justice Hassan B.Jallow, Justice G.B.S.Janneh, Justice Raymond C. Sock, Justice Marke Browne and Justice Mam Yassin Sey to restrain the Commission of Inquiry from holding her in contempt.
It could be recalled that the Commission of Inquiry made an order against the plaintiff; Feryale Ghanem dated the 5th June, 2018.
The plaintiff filed a motion asking the Supreme Court to restrain the Commission of inquiry from taking any steps intended to give effect to or holding her in contempt or acting in any manner which may prejudice her pending the hearing and determination of the suit.
The plaintiff is also asking the Supreme Court to prevent the Commission from or entitled to act in any manner calculated to carry into effect the letter dated the 6th November, 2018, addressed to her.
During yesterday’s sitting the director of Civil Litigation, Binga D. drew the court’s attention to the fact that the Commission of Inquiry which was the 1st defendant in the suit filed by the plaintiff; Feryale Ghanem has been struck out.
Binga D. submitted that the plaintiff still maintains the Commission of Inquiry having been struck out by the Supreme Court.
Lawyer Ida Drammeh, plaintiff’s counsel informed the court that all the processes in the suit were filed before the order of striking out the name of the Commission was made, noting that the application was filed on the 14th November, 2018.
Binga D. interjected and submitted that the plaintiff has an option to amend its motion, adding that the court cannot make an order against a party that is not before the court.
Lawyer Ida Drammeh then asked the court whether the plaintiff can submit written arguments before the court.
Binga D. submitted that lawyer Ida Drammeh’s move was a calculated attempt to delay the proceedings of the court towards speedy disposal of the suit.
At this point Lawyer Ida Drammeh took objection to what the director of Civil Litigation; Binga D. said the plaintiff’s calculated attempt to delay the proceedings.
Lawyer Drammeh disclosed that the plaintiff has pursued the case with extreme diligence.
Binga D. submitted that the issue before the court was whether the motion before the court was competent which the State wants the court to determine.
Hearing continues on Friday, 7th December, 2018.
Author: Bruce Asemota |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11512 Posts |
Posted - 27 Mar 2019 : 11:47:45
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‘Over D50 Million Spent On ‘Janneh’ Commission’ Justice Minister
Foroyaa: March 27, 2019
By Awa B. Bah
http://foroyaa.gm/over-d50-million-spent-on-janneh-commission-justice-minister/
The Minister of Justice Aboubacarr Tambadu, has disclosed that total amount of money spent by the ‘Janneh’ Commission since its inception in July 2017, is fifty million, nine hundred and fifty one thousand, two hundred and sixty one dalasi (50,951,261).
This amount Tambadu said, includes all expenses incurred during the course of investigations by Commissioners, including but not limited to honorarium paid to them and fifty eight staff working for the Commission; that throughout this period, Counsel’s fees, fuel, stationery, food, security, rentals, etc., were paid from this amount.
Minister Tambadu made this disclosure on Tuesday March 26th 2019 before Lawmakers in Banjul, during the oral questions and answer session for which due notices were given to his Ministry, on how much money spent on the said Commission since its inception.
‘‘We must also note that during the course of its work, the Commission was able to generate monies from its activities including D67, 894,170.00 from the sale of 138 tractors, and 458 vehicles including scraps; D8, 302,970.00 from the sale of 725 heads of cattle as well as hidden bank accounts that were either frozen and or discovered as a result of their work. The work of the ‘Janneh’ Commission should not however be measured in monetary terms alone. The value of their work exceeds the monetary value I am sharing with this assembly,’’ Minister Tambadu told deputies.
He reported that the Commission’s work, has been conducted in a professional manner, with respect and adherence to due process, fairness, and transparency; that they have exposed the alarming scale of corruption and financial delinquency of the former president, and shared information generated in the course of tracking and recovering assets procured through illicit enrichment; that they have registered some success in this endeavor, and have seen a tightening of financial regulations by Government departments and agencies to prevent corruption and financial leakages within the system.
Justice Minister Tambadu told deputies that they intend to recover the entire cost of the ‘Janneh’ Commission’s investigations by making those against whom adverse financial findings have been made, to bear the cost of recovery, in proportion to their responsibilities as found; that the sale of cattle and vehicles was not under the purview of the Commission but the Sheriff Division of the High Court.
On how much each Commissioner received during sittings, the Minister responded that as a matter of simple arithmetic, at every point he appeared before the Assembly requesting for an approval for the remuneration of the Commissioners, he has always indicated the amount requested, which is equivalent to one hundred thousand dalasi for each Commissioner per month, except for six months.
Minister Tambadu said the 138 tractors packed at residences of Chiefs and Police Stations could be due to the fact that they were either waiting for their owners to collect them or were not counted as part of the list.
On the consultation and sale of these tractors with the Ministry of Agriculture, Minister Tambadu said the ‘Janneh’ Commission is independent and it takes independent decisions. On consultations, he said this was left to the discretion of the Commission; that the Commission takes decisions based on their judgment.
The tractors he said were sold based on the urgency of the Commission. On the mandate to value and sell the tractors, Minister Tambadu said the Commission disposed of the assets based on interim orders. On the value of the tractors and other items that the Commission sold, Minister Tambadu referred deputies to the report which is due on the president’s desk on Friday March 29th, and further directed them to see the report on the number of properties sold and the bank accounts frozen. He finally commended the Commissioners for a job well done.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11512 Posts |
Posted - 29 Mar 2019 : 18:00:57
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#StateHouseToday
His Excellency, President Adama Barrow was presented with the report of the much awaited findings of the Janneh Commission set up to probe into the financial dealings of the Ex-President Jammeh, at the State House in Banjul.
President Barrow in his address hailed the commissioners for the accomplishment of the task assigned to them. He said the setting up of the commission is a signpost and an integral aspect of the reform process and target to consolidate good governance in the new democratic dispensation. He expressed optimism that the report will provide a useful recommendation on how the country can avoid repeating the wrongs that resulted in the commission.
He stated that the finding will promote accountability, transparency, and protection of public property and the nation’s wealth, as well as instill financial discipline among public servants and within our institutions, through the implementation of the right policies.
President Barrow concluded by urging the Ministry of justice to make reviewing of the report a priority so that appropriate action can be taken without fear or favour.
The 1600 pages report, divided into nine volumes contains former president Jammeh’s financial activities ranging from a complex web of intricate and sophisticated international financial transactions that bear all the hallmarks of criminality and money laundering aided by his close associates. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11512 Posts |
Posted - 02 Apr 2019 : 11:10:54
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Commission finds Jammeh corrupt as it discovers D18bn
The Point: Monday, April 01, 2019
http://thepoint.gm/africa/gambia/article/commission-finds-jammeh-corrupt-as-it-discovers-d18bn
The minister of Justice, Abubacarr Tambadou, said on Friday that the country’s former leader, Yahya Jammeh stole D18, 002, 868, 789, an amount equivalent to $362, 204, 008.
This includes properties and businesses in and outside of country. The findings were made by the Janneh Commission of Inquiry established by President Adama Barrow on 4 July 2017.
The investigation into the financial dealings of the former President Yahya in a 1, 600-page document accompanied by many more pages of transcripts of testimonies, exhibits and rulings amongst others, has found Jammeh to be terribly corrupt.
The Commission presented its findings to President Adama Barrow on Friday morning after nearly 20 months of investigation into the financial activities of former President Yahya Jammeh and his close allies.
Mr. Tambadou further said that the commission’s report exposes former President Jammeh’s financial activities ranging from complex webs of intricate and sophisticated international financial transactions that bear all the hallmarks of criminality and money laundering in particular aided by his close associates, to ‘shameless’ acts of brazen outright thievery at the Central Bank of The Gambia.
“For instance, it has now been established that the former President alone pilfered at least D1, 065, 012, 512, (one billion, sixty-five million, twelve thousand, five hundred and twelve dalasis); $304, 718, 071 (three hundred and four million, seven hundred and eighteen thousand and seventy-one dollars),” He said.
According to him, this staggering amount of money could have had significant impact on the lives of the ordinary people in The Gambia ranging from the areas of health, education, agriculture and many other priority areas, noting that instead, the money was used to satisfy the pretentious and delusional lifestyle of an egoistic megalomaniac acts that were both unconscionable and criminal.
He added that the Commission was also able to generate income for the State in the course of its work totalling D100, 617, 442 (one hundred million, six hundred and seventeen thousand, four hundred and forty-two dalasis) discovered from hidden accounts at local commercial banks and the sales of recovered tractors and other items
The work of the Commission, he said, should not be measured in monetary terms alone, as they (the Commission) have now established the claimed 281 landed properties of the former leader in the country and also the D1, 404, 000 (one million, four hundred and forty thousands) value of Jammeh’s Kanilai assets as well as the freezing of his Potomac residence by US authorities.
The Gambian leader Adama Barrow while receiving the report said that his government will stand firm in implementing the recommendations of the report without fear or favour.
Surahata Semega Janneh, Commission’s chairperson said that when they embarked on the job on 12 July, 2017, hardly did they expect it to go on for almost twenty months; however, he noted that the report bears witness to the enormity of the task they faced.
“The volume 3A deals with Jammeh’s landed properties located throughout the length and breadth of the Gambia and 3B deals with General Sulayman Badjie’s properties in the Kombos,” he disclosed.
Author: Arfang M.S. Camara
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11512 Posts |
Posted - 02 Apr 2019 : 11:16:53
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| Related Topic: THE GREAT GAMBIA HEIST |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11512 Posts |
Posted - 28 May 2019 : 23:49:13
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AG invites names adversely mentioned at Janneh Commission
The Point: Tuesday, May 28, 2019
http://thepoint.gm/africa/gambia/article/ag-invites-names-adversely-mentioned-at-janneh-commission
Following the conclusion of the work of the Commission of Inquiry into the financial activities of public bodies, enterprises and offices as regards their dealings with former President Yahya Jammeh, a number of adverse findings have been made by the Commission against certain individuals and companies who have been notified of these adverse findings.
While the Government continues to review the Commission’s voluminous report, the Attorney General wishes to invite all those who have received notices of adverse findings from the Commission to contact the Solicitor General or the Attorney General at the Ministry of Justice, in person or through authorized 3rd parties, between 3rd and 8th June 2019. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11512 Posts |
Posted - 13 Jun 2019 : 14:04:05
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Government Calls For Immediate Forfeiture of Jammeh’s Assets Worth Billions of Dalasis
The Chronicle: Jun 13, 2019
By Kebba Ansu Manneh
https://www.chronicle.gm/government-calls-for-immediate-forfeiture-of-jammehs-assets-worth-billions-of-dalasis/
On Wednesday, the government announced the immediate forfeiture of former president Yahya Jammeh’s, assets worth billions of dalasis, to the state.
At a press conference in Banjul, the Justice Minister Abubacarr Tambedou said the Janneh Commission which submitted its report to President Adama Barrow, found among other things that the former president either directly or through third parties embezzled over D1 billion (over $300million, over €30million and almost £200million).
He said his ministry is taking all measures to advice the president on the report, adding that Jammeh’s seized assets include both developed and non-developed assets.
“While the ministry of justice is into the review of the report submitted by the commission in order to advice the president on the necessary actions to be taken as well as to implement the recommendation of the commission, the president Adama Barrow has approved and government has taken interim measures to apply the recommendations of the commission,” Tambedou told journalists.
According to him, the measures include the immediate forfeiture to the state of all companies and their respective assets belonging to Jammeh upon the expiration of the freezing order of the high court, the immediate forfeiture to the state of all movable and immovable assets including all developed and undeveloped landed properties owned by the former president, the immediate forfeiture to the state of all movable and immovable assets including the developed and undeveloped landed properties and other acquisition by Muhammed Bazzi, a close associate of the former president, and the immediate forfeiture to the state of all monies in all frozen commercial banks in The Gambia upon the expiration of the 17th June 2019 of the freezing order of the high court.
“All financial institutions in the country especially the commercial banks are hereby advised to take note of this action and announcement which will soon be followed by correspondence specifically addressed to each of the institutions affected,” he said.
Tambedou warned commercial banks not to tamper with the accounts of ex-president or his close associates.
He also announced President Barrow’s approval for the establishment of an inter-ministerial taskforce at both technical and ministerial levels, comprising the ministries of justice, finance, local government and lands, tourism, and agriculture to deal with third parties claiming their properties that were seized clandestinely or forcibly by Jammeh.
“I’m inviting all those persons whose properties were acquired by former president Jammeh through a judicial sale by the Sheriff of the High Court to contact the Solicitor General or the Attorney General at the Ministry of Justice in person or through authorized third parties between 24th and 28th of June 2019. All other persons with claims over any of the properties of former president Jammeh are hereby advised to address their claims in writing to the Ministry of Justice by the 28th June 2019 and to meanwhile desist from interfering with any of the said properties forfeited to the state.”
Tambedou called on the international community with expertise in asset recovery, particularly the United States, United Kingdom and the European Union to assist The Gambia in recovering stolen assets and properties belonging to the state.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11512 Posts |
Posted - 13 Jun 2019 : 15:36:07
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State to seize all Jammeh, Bazzi assets
The Point: Thursday, June 13, 2019
http://thepoint.gm/africa/gambia/article/state-to-seize-all-jammeh-bazzi-assets
The government through the Ministry of Justice announced on Wednesday that all assets belonging to former President Yahya Jammeh and Muhammed Bazzi will be forfeited to the state.
The ministry’s announcement came following findings made by the Commission of Inquiry into the financial activities of the former Gambian president and his close associates.
In April this year, Justice Minister Abubacarr Tambadou revealed the Janneh Commission’s report exposed former President Jammeh’s financial activities ranging from complex webs of intricate and sophisticated international financial transactions that bear all the hallmarks of criminality and money laundering; in particular those aided by his close associates, to shameless acts of brazen outright thievery at the Central Bank of The Gambia.
On Wednesday the Justice Ministry revealed that the former president embezzled over one billion dalasis; over $300,000,000, almost 30 million Euros and over 2,000,000 million Pound Sterling.
While the Ministry of Justice continues to share reports in order to advise the President for necessary actions to be taken to implement the recommendations of the Janneh Commission, “the president has approved and the government has taken the following measures as part of its recovery efforts against the former president,” Minister Tambadou said.
These include the immediate forfeiture to the state of all companies and their respective assets belonging to former President Jammeh upon the expiration of 17 June 2019 High Court order to freeze his assets; the immediate forfeiture of movable and immovable assets including developed and undeveloped landed properties, chattels, shares and other aquisition by former president, Yahya Jammeh.
The government also announced the immediate forfeiture to the state of all movable and immovable assets including developed and undeveloped landed properties, chattels, shares and other acquisitions by Muhammed Bazzi, a close associate of the former president upon the expiry of the High Court Order to freeze his assets.
“The immediate forfeiture to the state includes all frozen monies in all commercial bank accounts in The Gambia upon the expiration on 17th June 2019 of the frozen order of the High Court,” the minister further announced.
“All financial institutions in the country especially commercial banks are hereby advised to take note of this action and announcement which will soon be followed by correspondence specifically to address each of them.”
The president has also approved the establishment of inter-ministerial task force at both the technical and ministerial level, comprising the Ministry of Justice, Finance, Local Government, Lands, Tourism and Agriculture to handle all matters in relation to the said interim measures and to deal especially with third party interest arising from claims of properties acquired by former president and taking into account the recommendations of the commission, the minister said.
He added that the proposed Commission of Inquiry into lands that were unlawfully confiscated, structures demolished otherwise unlawfully acquired by Jammeh will no longer be necessary as the said task force will now handle all third party claims to properties vis-a-vis Jammeh to the extent possible.
He informed that all those persons whose properties were acquired by former president through judicious sales by the Sheriff of the High Court could contact the Solicitor General or Attorney General at the Ministry of Justice, in person or through authorised third parties between 24th and-28th June 2019.
“All other persons with claims of properties of Jammeh are hereby advised to put their claims in writing to the Ministry of Justice by 28 June 2019 and not to interfere with any of the said properties forfeited to the state.”
Author: Fatou Dem |
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Janneh Commission of inquiry on Y. Jammeh's assets
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