29 March 2019

The Commission of Inquiry COMMISSION OF INQUIRY INTO THE FINANCIAL ACTIVITES OF PUBLIC BODIES, ENTERPRISES AND OFFICES AS REGARDS THEIR DEALINGS WITH FORMER PRESIDENT YAHYA A.J.J. JAMMEH AND CONNECTED MATTERS REPORT VOLUME 9 INDIVIDUAL RESPONSIBILTY FOR CIVIL AND CRIMINAL WRONGS 10th AUGUST 2017 - 29th MARCH 2019 1 The Commission of Inquiry CONTENTS Page Chapter 1 - Introduction 5 Chapter 2 - Individuals 6 - 277 (1) Ex - President Yahya A.J.J. Jammeh (2) Financial Dealings of Ex – First Lady Zineb Souma Yahya Jammeh (3) General Sulayman Badjie (4) Isatou Njie Saidy (5) Amadou Samba (6) Tarek Musa (7) Mohamed Bazzi (8) Fadi George Mazegi (9) Nicolae Buzainu and Dragos Buzainou 10) Illeja Reymond and Martin Keller 11) Ali Yousseh Sharara 12) Ansumana Jammeh 13) Woreh Njie Ceesay 14) Alhagie Ousman Ceesay 15) Fatou Njie 16) Toni Ghattas 17) Sira Wally Ndow Njai 2 The Commission of Inquiry 18) Amadou Colley 19) Basiru Njai 20) Oumie Savage Samba 21) Baboucarr Sanyang 22) Balla Jassey 23) Njogou L. Bah 24) Momodou Sabally 25) Noah Touray 26) Kebba S. Touray 27) Fatou Mas Jobe Njie 28) Feryale Diab Ghanem 29) Mohamadou Lamin Gibba 30) Momodou O. S. Badjie 31) Edward Graham 32) Abdoulie B. Cham 33) Manlafy Jarju 34) Ismaila Kabba Sambou 35) Momodou Aki Bayo 36) Ebou Jallow 37) Edward Signhatey 38) Yankuba Touray 3 The Commission of Inquiry Chapter 3 - Commercial Banks 278 - 289 1) Trust Bank Limited 2) Guaranty Trust Bank (Gambia) Limited Chapter 4 – Others 290 - 291 1) M.A. Kharafi & Sons APPENDICES 292 - 297 Appendix 1 - ACRONYMS AND ABBREVIATIONS 4 The Commission of Inquiry RESPONSIBILITY FOR CIVIL AND OR CRIMINAL WRONGS CHAPTER 1 - INTRODUCTION The Commission is required to identify institutions, persons and groups of persons directly involved in the financial dealings and activities of Ex-President Jammeh, his family members and close associates. It is also required to identify whether any offences were committed by any persons, and to make recommendations as to the ways and means of recovering and restoring of assets, monies or other resources that may have been illegally taken, misappropriated, misapplied or lost. The investigation has been wide ranging. As is apparent from the preceding Volumes disproportionate amounts of resources were wasted, misappropriated and diverted during the 22 years of the Ex-President Jammeh‘s Government. At the same time the meager resources at the disposal of the country were managed at the whim and caprices of the Ex-President without regard to the structures and processes in place to ensure coherence and accountability, as can be seen from the transfer to OP of the management of key institutions, the appropriation of SOE revenue, for instance, in the case of the International Gateway or the GNPC accounts, the failure to comply with procurement rules, and the creation of OP controlled bank accounts for the diversion of resources to them. The Ex-President‘s financial dealings/activities were at all stages facilitated, assisted or even guided by a number of people. The Commission in the preceding Volumes has endeavored to identify those who were involved in any matter investigated and reported on. During the course of its inquiry the Commission identified seventeen persons as close associates of Ex-President Jammeh based on the evidence before it at any stage. These include military officers who left with the Ex-President into exile, private individuals and companies that had business dealings with the Ex-President either directly or indirectly through companies in which the Ex-President has an interest. The investigations have however shown that apart from persons who fall in the said category there are others who worked with the Ex-President by virtue of the offices they held, many of whom were also involved in the Ex-President‘s financial dealings and activities. This Volume sets out the responsibility of the Ex-President, Family Members, Close Associates and any other persons found to be liable to make restitution to the State or any other institution under this Report. It also identifies the offences that the evidence shows may have been committed and the persons who there is probable cause to believe committed the offences or were parties to their commission. 5 The Commission of Inquiry CHAPTER 2 - INDIVIDUALS 1. EX-PRESIDENT YAHYA A.J.J. JAMMEH 1. BACKGROUND A. Limitations on the Office of the President The primary subject of our inquiry is the Ex-President. This Chapter sets out its findings as regards the Ex-President‘s civil and potentially criminal liabilities. The Commission has adverted its mind to the duty of a President to uphold and defend the Constitution and the law1 in accordance with his or her Oath of Office, and the limitations on the Office of President to undertake private business activities2. Section 69 of the Constitution makes it clear that with regard to civil proceedings against a President for acts committed whilst in Office, the time during which he was in office is not counted for the purpose of bringing a valid action against him within the limitation period. After he leaves office no court may entertain any action against him or her in any civil proceedings in respect of any act done in his or her official capacity as President. There is no restriction on holding the Ex-President responsible and liable for actions done by him in his private capacity or outside the scope of his office as President or those that are unlawful or irregular, or done for his personal interest. All acts of the Ex-President for which the Commission finds him liable in this Report and summarized in this Chapter were found by the Commission to have been done in his private capacity, or outside the scope of his office as President, or otherwise illegal. 1 See section 61(2) 2 Section 68(4)(5) of the Constitution which provides that ―The President shall not while he or she continues in office as President, hold any office of profit or emolument whether public or private, occupy any other position carrying the right to remuneration for rendering of services, be undertake any activity inconsistent with his or her official position or expose himself or herself to any situation which carries the risk of a conflict developing between his or her official concerns and his or her private interest.(C) Used his or her position as such or used information and entrusted to or received by him or her in an official position directly or indirectly to enrich himself or herself or any other person. Where the President was engage in any trade business or other undertaken before assuming the office of President he or she shall if he or she wishes to continue such trade, business undertaken do so under a trusteeship‖. 6 The Commission of Inquiry With regard to criminal liability, section 69 of the Constitution makes it clear that any prosecution must be sanctioned by two thirds of the members of the National Assembly if they deem it to be justified in the public interest3. B. Profile Ex-President Jammeh was born on the 25th May 1965. He came into power on 22nd July 1994 at the age of 29 as a Lieutenant in the Gambia Armed Forces (GAF). His Employment No. was 30050614. He was first married to Madam Tuti Faal (divorced), then Madam Zineb Souma, and lastly Madam Halima Sallah (divorced). He has two children with Ex-First Lady Zineb Jammeh, namely Mariam and Muhammed Jammeh. His only other known dependent was his mother Aja Asombi Bojang (deceased). He was in power for 22 years 6 months, first as Chairman of the Armed Forces Provisional Ruling Council 22nd July 1994 to January 1997 when he was sworn into power as the 2nd President of The Gambia. C. Emoluments According to the records of the Accountant General, in July 1994 when he took over power, his salary was D2,744.20 per month. The Accountant General has not provided details of his salary and allowances for the period between July 1994 to June 1997. From correspondence from the Accountant General to the Ex-President‘s bankers Trust Bank Limited, his emoluments from July 1997 were as follows5: Total Emoluments paid from 18/1/2007 to 5/12/2013 including per diem is D14,290,394 28/1/2014 to 31/12/2016 – D10,941,000 including gratuity but excluding per diem. - Total Salary D23,514,999.42 -15/7/1997 – 31/12/2016 - Gratuity D4,821,000.00 - Per diem D1,126,394.80 (up to 5/12/2013) Between the period August 1994 to July 1997, there is no evidence of monthly salary being paid into his account and for the years from 1997 to 2006, there is no record of gratuity being paid or per diem shown. 3 Section 69(3) - (3) - After a President has vacated the office of President---a criminal court shall only have jurisdiction to entertain proceedings against him or her in respect of acts or omissions alleged to have been perpetrated by him or her while holding office as President if the National Assembly has resolved on a motion supported by not less than two-thirds of all members that such proceedings are justified in the public interest. 4 Exhibit MS315A 5 Exhibit MS315A-C 7 The Commission of Inquiry PER DIEM was paid from Security Account Number 1101003565 at Central Bank.6 as from 2011. The account was opened and operated from the Office of the Secretary General. According to the financial records from OP from 2011 to 2016 D260, 820, 345.99 was spent on travels, per diems and others from the Security Account Number 1101003565 at Central Bank.7 The account was never audited and did not have an internal audit system.8 D.

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