By Ramatoulie Jawo
Amie Njie, the former Permanent Secretary at the Ministry of Petroleum and Energy, testified before the National Assembly’s Joint Committee on Finance and Public Accounts Committee (FPAC) and the Public Enterprises Committee (PEC) regarding the ongoing investigation into the 36,953.614 metric tons of petroleum products, valued at thirty million US dollars ($30,000,000).
During the parliamentary inquiry, Honourable Kebba Lang Fofana asked PS Njie if she was familiar with a company called Apogee. PS Njie confirmed that she had heard of the company, explaining that her ministry received a complaint from Jah Oil, which alleged that GAM-Petroleum had discriminated against them by denying their request for ullage of 4,000 to 6,000 metric tons of petroleum.
She added that Jah Oil had also raised concerns that 80% of the ullage had been granted to Apogee, a non-licensed international trader.
“And that as part of their submission, they also mentioned that they were aware that space was given to a non-licensed player called Apogee; it was an international trader and that 80%of the Ullage was given to Apogee,” she explained.
When asked by Hon. Fofana how the Ministry responded to the complaint, PS Njie stated that the issue was regulatory, so they awaited a response from PURA (Public Utilities Regulatory Authority). After receiving no updates for a couple of months, the Ministry wrote to PURA to follow up on the status of the complaint.
“Since it’s a regulatory matter and PURA has been written to, we give them time and see whether we will see a response from PURA going to Jah Oil or GAM Petroleum. Then, after one or two months later when we don’t hear from PURA, the Ministry then sends a letter to PURA to find out what has been done so far regarding the complaint made by JAH Oil,” he said.
Hon. Fofana inquired if PURA had reached a conclusion on the matter. PS Njie responded that, up until her transfer to the Ministry of Information, they had not received any formal communication from PURA regarding the investigation’s outcome.
Hon. Fofana then asked if PS Njie was familiar with Creed Energy and Ultimate Beige Logistics. PS Njie replied that she did not know them personally but was aware that they were licensed by the Ministry.
Hon. Fofana further questioned whether PS Njie was aware of an incident where PURA found two companies selling petroleum products without the required licenses and subsequently fined them. PS Njie confirmed that they had been informed of this situation.
When asked about the Ministry’s role in enforcing the recovery of the D500,000 fines imposed by PURA, PS Njie clarified that enforcement was not their responsibility. She noted that their focus was on policy matters.
Hon. Fofana informed PS Njie that on October 10, 2023, Ultimate Beige Logistics reported back to PURA, asserting that they had not broken any laws and citing the relevant policies within the petroleum sector.
“Ultimate Beige logistics took reference from that policy and then refused to pay the fine of D500,000 to PURA,”Hon. Fofana said.
Responding to Hon. Fofana’s comment, PS Njie informed the joint committee that she was unaware of Ultimate Beige Logistics’ refusal to pay their fine. She stated, “this is my first time hearing that they have not paid their fines. We have not received any formal communication from PURA informing us that these two companies have refused to comply base on the policies coming from the Ministry,”
Hon. Fofana informed PS Njie that Apogee began trading petroleum in The Gambia around April to June 2023. In June 2023, Ultimate Beige Logistics and Creed Energy were apprehended for trading petroleum products without the necessary license. On October 6, 2023, PURA issued a fine to Ultimate Beige Logistics. Subsequently, the Ministry released a policy document on October 30, 2023.
“A week after that, Ultimate Beige logistics wrote back to PURA refusing to pay their fines, were you aware of this PS?” Hon. Fofana Asked. The PS Responded that she was not aware of that.
Hon. Fofana inquired if the Permanent Secretary (PS) was surprised that these events took place under her tenure at the ministry without her knowledge.
The PS responded, stating that she was unaware and that PURA could not claim to have informed the ministry, as there was no formal communication from PURA regarding the matter.
Hon. Fofana further asked the PS how she would respond to the suggestion that the policy was intended to facilitate payments to Apogee by the OMCs.
“And it was equally meant to facilitate the shipment of those petroleum proceeds. And it was equally meant to exonerate Creed Energy and Ultimate Beige logistics from any legal liability,” Hon.Fofana said.
Hon. Fofana went on to ask PS Njie to then prove them wrong, based on the merits of the policy itself.
“Prove that statement wrong that indeed this policy was needed for the wider public group, but not to serve a specific purpose,”he said.
She said the policy is preceded by an act, which is the petroleum act, 2016. And that act has provided provisions as to who should be selling petroleum products in this country.
“And I don’t think, this policy should supersede these provisions, and regulations which have clearly stated the terms, and conditions under which one can operate in this country. So I disagreed that this policy alone could not have tied PURA’s hands to make them not perform their regulatory functions as expected.
“I do not think the Ministry would in any way want to work to ensure that they enable a foreign company to come and extort us of our resources, go with it. I think that is a gross accusation on the side of the ministry,” she said.