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 VOLUMES 1 & 2 GENERAL INTRODUCTION & EX-PRESIDENT JAMMEH’S FINANCIAL DEALINGS & CORRUPTION (BANK ACCOUNTS) 10th AUGUST 2017 - 29th MARCH 2019 The Commission of Inquiry CONTENTS Page ACKNOWLEDGEMENT 3 - 4 VOLUME 1 General Introduction 5 – 40 VOLUME 2 Introduction 41 Chapter 1 Central Bank Accounts 41 - 132 Chapter 2 Accounts with Guaranty Trust Bank Limited 133 - 156 Chapter 3 Accounts with Trust Bank Limited 157 - 193 Chapter 4 Accounts with Other Banks 194 Chapter 5 Gambia Embassy in Washington – Procurement Accounts 195 - 196 Chapter 6 APRC Accounts 197 – 200 APPENDIX 1 201 - 203 Chapter 7 Recommendations 204 - 212 2 The Commission of Inquiry ACKNOWLEDGEMENTS A few of us are ever given the opportunity or occasion to serve our country in some unique way during our lifetime. This Commission of Inquiry has been unique in many ways. Of these, we believe the most important is its potential to help shape the future direction of our country by avoiding some of the exposed pitfalls and follies of the past 22 years. We recognize the honour of having been given the opportunity to serve, and in this regard, would like to express our gratitude to the President of the Republic of The Gambia, His Excellency, Adama Barrow, for the great honor we have been accorded in our appointment to this national assignment. Many Commissions of Inquiry preceded this Commission. However, no other Gambian Commission is yet to be confronted by a task of such magnitude and complexity, as is apparent from this Report. That we were able to present our Report in such a relatively short period (18 months) given the scope of our assignment, is due to the sacrifices that have been made and the substantial contributions of many whom we would like to acknowledge and appreciate. Our thanks go to the Hon. Attorney General and Minister of Justice, Abubacarr M. Tambadou for appointing an independent counsel to the Commission and for the important support and input of his office, led by the Solicitor General & Legal Secretary Cherno Marenah, in the administrative aspect of the Commission, in terms of both human and logistical support. The indefatigable and learned Lead Counsel, Amie N. D. Bensouda, who, among others and with the substantial inputs of the Commission, did the difficult job of questioning witnesses expertly without fear. The contributions of her legal team have been very valuable to the work of the Commission. There were changes to the team during this period but we would like to recognize the contributions of: Counsel Anna Njie, Saffie Nyang, Mohamed Sowe, Momodou Jallow, Aji Mariam Drammeh (JD), and Fatoumatta Sanyang; State Counsel Olimatou Danso, Mansour Jobe, Abdou Aziz Saho, Isatou Camara, Saihou Ceesay and Sarjo Sama; the legal support team of interns Ebrima Colley, Mariama Dumbuya, Kumba Mboge, Khadim Joof, Aji Ceesay, Sally Sanyang, and Aji Fatou Drammeh. Sincere appreciation to Counsel Batchilly for his support to the Commission. We thank the Inspector General of Police for providing a team of dedicated investigators. Their contribution to the process was immense. They were headed by ASP Dello Baldeh and included SI Lamin Sanneh, CPL Modou Gaye, CPL Abdourahman Jobe and 1st CC Yankuba S. Kinteh. The Secretariat was headed by Alhaji Mamadi Kurang and later by Ramatoulie Sarr DPS. Our gratitude goes to them and their colleagues: Fatou Drammeh, Kumba Joof, 3 The Commission of Inquiry Mama Dibba, Maimuna Bojang, Kebba Bojang, Modou Lamin Jallow, Ebrima Jobe, Famara Bojang, Alhaji Babou Joof, Andy Secka, Sheikh Omar Jallow, Abibatou Jallow, Binta Camara. We would like to specially recognize the team of transcribers who worked hard to make sure that the record was available. They are: Haruna Manneh, Haddy Jagne, Adama Cabality and Maimuna Touray. We thank the Judicial Secretary for making their services available. We also thank the legal team who supported them: State Counsel Tunde Riley, Magigain Gorre Ndiaye, Kissima Bittaye and Awa Jobarteh as well as the team of drivers who worked with the Secretariat. To the Surveyor Bunja Janneh, the Technician Dawda Gaye, the Auditors Ebrima Drammeh and Pa Ma Jagne, the Consultants Sankung Phillot and Bakary Sanyang, we say “Thank you” for their contributions to the process. Security was provided wherever necessary and was generally satisfactory. The Officers were commanded by DSP Alhajie M. Jallow. We would like to extend through him to all the security officers our appreciation for the work they provided throughout the length and breadth of this country and for making sure that the process was incident free, while preserving order. Gambia Radio & Television Services, the new QTV, Eye Africa TV and the various print media houses we thank for the nationwide coverage we were able to achieve plus coming to our aid with technological services during hearings and for Skype testimonies as well. Also acknowledged are YouTube and the many social media outlets that assisted in covering our hearings and making them viewable for our audiences around the globe. We also express our gratitude to the United States Government for assisting us in digitizing and making it so much easier to locate and deliberate on the huge number of exhibits. The Hon. Chairman personally appreciates the brilliant inputs of Hon. Commissioner Abiosseh George and Hon. Commissioner Bai Mass Saine. Hon. George – smart, industrious and honest – a sharp Accountant who can hold her own even against the “gnomes” of Zurich. Hon. Saine – incisive, forthright and professional – a thorough Banker who can beat some junior advocates at cross - examination. The Commission owes them gratitude. We, Commissioners George and Saine, say of our Hon. Chairman Sourahata Baboucarr Semega Janneh that he is a true leader who steered the Commission in the right direction with firmness. Chairman Janneh is a man of strong principles with a high sense of fair play and justice for all. We have learned so much from him and consider ourselves lucky to have been led by him with full trust and confidence. As the Doyen of the Gambia Bar, he is a sage who has demonstrated an apolitical stance throughout the period of the Commission. To him we say: many thanks. 4 The Commission of Inquiry 5 The Commission of Inquiry VOLUME 1 - GENERAL INTRODUCTION (1) POLITICAL BACKGROUND Due to its lengthy title, the above mentioned Commission of Inquiry has been popularly dubbed “the Janneh Commission,” utilizing the surname of its Chairman. For convenience we shall henceforth refer to it as “the Commission” and its adjudicative members as “the Commissioners”. We must remark from the start that this Commission was set up primarily to lay bare, through evidence publicly adduced, the activities of the former President and his close associates and family members and ascertain to what extent they were involved in corruption, dishonesty or abuse of office for private benefit and or leading to the financial loss of the Government, the Central Bank of The Gambia or other Public Enterprises or State Owned Enterprises (SOE‟s). The Commission has, therefore, decided to write this Report in a style and diction devoid, as much as possible, of pomposity, obfuscation or overloaded euphemisms or unnecessary technicality so that it may be readable by most Gambians with some education. On 22nd July, 1994, the democratic government of President Sir Dawda Kairaba Jawara, Head of the Peoples Progressive Party, was toppled in a military coup d‟état staged by a small group of young lieutenants led by Yahya Abdul Aziz Jamus Junkung Jammeh. The coup makers quickly established the Armed Forces Provisional Ruling Council (AFPRC) consisting at first of Chairman Jammeh, Sanna Sabally, Edward Singhateh and Sadibou Hydara, who were soon after joined by Lt Yankuba Touray and Captain Lamin Kaba Bajo. Thus, until the introduction of the 1997 Constitution of the Republic, the affairs of the Gambia were in the hands of a military junta, which manifestly operated as a dictatorship. After the Constitution came into effect, the AFPRC was converted to the APRC (Alliance for Patriotic Re-orientation and Construction) a political party which, by a series of presidential and parliamentary elections every five years, controlled the nation with Yahya Jammeh as President for twenty two years. 6 The Commission of Inquiry Ex-President Yahya Jammeh for the APRC was defeated by the current President, Mr. Adama Barrow for the Coalition of most of the political parties, in the historic election held on 1st December, 2016. Despite (or rather because of) a tense and a very dangerous political impasse engendered by Yahya Jammeh’s reluctance to quit power, Jammeh had to leave the Country on 21st January, 2017 when Ecomig Forces made it very clear that his presence in the Gambia as unlawful Ruler was no longer to be tolerated. Adama Barrow was sworn in before the then interim President of the Gambia Bar Association Mr. Sheriff M. Tambadou, on 21st January, 2017 at Dakar, Senegal, where he resided for his safety, as the lawfully elected President of the Gambia. To satisfy popular demand, he was re-sworn before the Hon. Chief Justice in The Gambia on 18th February, 2017. On 12th July, 2017, His Excellency, Adama Barrow, President of the Republic of The Gambia, appointed the Commission consisting of: (a) Sourahata B. Semega Janneh CHAIRMAN (b) Abiosseh George, MEMBER (c) Bai Mass Saine, MEMBER The Commissioners, who are all Gambians, are respectively Lawyer, Accountant and Banker selected, it is believed, for their professionalism, independence and non-partisanship. The said appointment was conveyed to the Commissioners by letter written by the Solicitor General and Legal Secretary Ref: AG/C/364/01/PART 1(4) dated 12th July, 2017.