Abba Sanyang, former Minister of Local Government and Lands
By Landing Ceesay
Modou Gaye, a police officer involved in the investigation of alleged financial mismanagement at the Central River Region (CRR) Governor’s Office, testified in court that the office made payments to a company originally registered by former CRR Governor, Sheriff Abba Sanyang.
Sanyang, who was dismissed from his ministerial post amid corruption and public fund mismanagement allegations, is facing 27 criminal charges. He is being tried alongside Pa Lamin Jobe, who is also implicated in the case.
The charges relate to contracts awarded between January and July 2022 in Janjanbureh, The Gambia. The prosecution alleges that Sanyang violated the civil service code by awarding substantial contracts to Sankulay Firm, a business initially registered by him and later transferred to his son.
Appearing as the first prosecution witness, Modou Gaye explained that his investigation began after the Ministry of Finance and Economic Affairs sent a letter to the Inspector General of Police (IGP), requesting an inquiry into an audit report concerning the CRR Governor’s Office for the period from January 2022 to July 2023. Gaye, a Financial Crime Officer with the Gambia Police Force, was tasked with investigating the queries in the report.
After reviewing the audit, Gaye and his team invited the accused individuals, including Sanyang, for questioning. While Pa Lamin Jobe, the second accused, was unable to attend due to his location in Janjanbureh, Sanyang met with investigators. Gaye stated that they needed to access additional documents from the governor’s office, which were unavailable at the time. Consequently, Gaye and his colleague, Essa Jammeh, traveled to the CRR to retrieve the necessary records.
“Do you know why you are in Court today?” State Counsel C.C. Njie asked. “Yes, sometime in July 2023, a letter from the Ministry of Finance and Economic Affairs sent a letter to the Inspector General of Police (IGP), and the letter was received in our office requesting an investigation of an audit report of the Central River Region’s (CRR) governor’s office, the audit report covers 1st January 2022 to 31st July 2023. Upon receipt of this letter and the audit report, I was tasked to investigate the queries contained in the report.
After scrutinizing the audit report to have a better understanding of what is going on, the 1st accused person (Sheriff Abba Sanyang) and 2nd accused person (Pa Lamin Jobe) were invited for questioning with regard to those audit queries. At the time, the second accused person was in Janjanbureh and could not have made it on time due to the distance. But the first accused person came, and we interacted with him. Having gone through the queries with the 1st accused person, there was a need to get the documents that were made reference on the Audit report, which was not available at the time as the documents were kept in the governor’s office in CRR,” Mr. Gaye told the court.
Upon arriving at the governor’s office in the Central River Region (CRR), Mr. Gaye testified that they engaged with Pa Lamin Jobe, the second accused, who was serving as the office accountant at the time. He stated that the documents in question were in the possession of the second accused in his office.
Mr. Gaye explained that they reviewed the queries one by one, retrieving payment vouchers and supporting documents from the second accused. He added that the investigation subsequently focused on those queries.
“In reviewing the payment vouchers, we realized that some payments were made to certain individuals, some companies and also a company named Sankulay Firm. Individuals who were paid based on the payment vouchers were questioned while we were in the Central River Region (CRR), and statements were obtained from them. Having done the investigation in CRR, we returned to Banjul with the documents involved to continue with the investigation.
“Some of the payment vouchers were payments made to the Sankulay Firm, which the investigation revealed was a company initially registered by the 1st accused person (Sheriff Abba Sanyang) and later transferred to his son. Also retrieved were Bank statements of the CRR governor’s office. One week after our return, I was tasked with an overseas assignment, and the investigation was continued by my colleagues Essa Jammeh and Yankuba S. Kinteh. The case file was then handed over to the Ministry of Justice,” Mr. Gaye told the court.
Mr. Gaye told the court that upon their return to Banjul before he was tasked with an overseas assignment, he interacted with Mr. Sheriff Abba Sanyang, the 1st accused person.
“Upon our return, when I interacted with the 1st accused person, on the documents we came with from the Central River Region (CRR), a statement was requested from the 1st accused person (Sheriff Abba Sanyang). I asked if he could write his own statement, and he said yes. I gave him the cautionary statement and read the cautionary wordings to him in the presence of an independent witness. Then he wrote his statement accordingly. Which he signed, and it was also signed by an independent witness, and I wrote my name as the officer who cautioned him,” Mr. Gaye testified.
When asked if he could identify the cautionary statement if presented in court, Mr. Gaye affirmed that he could.
State Counsel C.C. Njie then presented Abba Sanyang’s cautionary statement for verification. Mr. Gaye confirmed in court that it was indeed the statement written by the first accused, Abba Sanyang.
Subsequently, State Counsel C.C. Njie applied to have the cautionary statement admitted into evidence and marked as a prosecution exhibit.
With no objections from the defense lawyers, Hon. Justice Sarah Aryee, the presiding judge, admitted the cautionary statement into evidence and marked it as an exhibit.
“My lady, that will be all for this witness,” State Counsel informed the court following the admission of Abba Sanyang’s cautionary statement into evidence.
During cross-examination by Sheriff Abba Sanyang’s lawyer, Kebba Sanyang, Mr. Gaye informed the court that the audit exercise was carried out by the National Audit Office (NAO).
However, this claim was disputed by Counsel Kebba Sanyang.
“What is the name of the person who carries the Audit Exercise and prepares the report on the office of the governor of the Central River Region (CRR)?” Counsel Sanyang asked.
“I may not know the name of the person who carries out the audit exercise, but it was conducted by the National Audit Office (NAO),” Mr. Gaye told the court.
“I am putting it to you that the audit report you were tasked to investigate, was not carried out by the National Audit Office on the office of the Governor of the Central River Region (CRR),” Counsel Sanyang put it to the witness.
“My lady, I did not agree to that because Audit reports are either conducted by the National Audit Office or the Directorate of Internal Audit of the Ministry of Finance and Economic Affairs,” Mr. Gaye responded.
“Mr. Gaye, it will be correct to say that by this answer you are not sure whether the Audit exercise was conducted by the National Audit Office or the Directorate of Internal Audit of the Ministry of Finance and Economic Affairs,” Counsel Sanyang told the witness.
Mr. Gaye maintained that the audit exercise on the governor’s office in the Central River Region (CRR) was conducted by the National Audit Office.
“The Audit report you are talking about, if you are given the opportunity, would you be able to produce it?” Counsel Sanyang asked.
“I will not be able to produce it because it is contained in an investigation file and sent to the Ministry of Justice,” Mr Gaye told the court. “That is fair enough, but it will be correct to say that you will be able to recognize the said audit report you centered your investigation on?” Counsel Sanyang asked again.
“Yes, I will be able to recognize it,” Mr. Gaye responded.
Counsel Sanyang requested the State to produce the audit report on which the police investigation was based.
The presiding judge, Hon. Justice Sarah Aryee, inquired if State Counsel C.C. Njie had the audit report. He initially confirmed its availability.
However, after reviewing his file, State Counsel C.C. Njie was unable to produce the audit report.
“My lady, since we could not find the Audit report, we are requesting a short adjournment, and we will provide the audit report,” State Counsel C.C. Njie told the court. Counsel Sanyang requested the court to issue an order directing the State to produce and serve them with the audit report in question.
“We will not be able to proceed with this Witness without the audit report. Because it is the same report that brought the accused persons to the court. So I cannot continue with him without the report. My lady, I want this honorable court to make an order for the State to produce this document,” Counsel Sanyang sought.
Hon. Justice Aryee directed the State to produce the audit report before the next hearing date.
The case was then adjourned to December 3, 2024, for continuation.