Case of former GNPC officials under review, state counsel tells court

Monday, January 15, 2018

State Counsel Lamin Jarju has informed the High Court in Banjul presided over by Justice Ebrima Jaiteh that the criminal matter involving the State against four former officials of the Gambia National Petroleum Company was under review at the attorney general’s cambers to determine the culpability of the accused persons in view of the evidence contained in the case file.

State Counsel L. Jarju made this revelation last Tuesday Jan. 9, 2018, when the matter came up before the court for hearing.

The accused persons are charged with six counts including conspiracy to commit felony, stealing by persons in public service, neglect of official duties, fraudulent false accounting and economic crime.

When the matter came up, State Counsel Jarju informed the court that the accused persons were absent and that he had been trying to contact the accused persons to appear before the court but to no avail.

State Counsel Jarju applied for an adjournment and disclosed that the case is under review at the attorney general chambers to determine the criminal culpability of the accused persons in view of the evidence contained in the file.

Counsel Jarju told the court that he has the intention to proceed with the matter pending the outcome of the result but the state has discovered a technical error.

The presiding judge at this point disclosed that the parties were supposed to seek for a leave from the court.

State Counsel Jarju replied that the State has already sought leave from the court and then craved the court indulgence to grant the prosecution a short adjournment.

The matter was adjourned to the 20 January, 2018, for plea taking and the presiding judge ordered that hearing notices be issued to the defence counsel before the adjourned date.

The accused persons are Nfansu Fatty, Karamo Fatty, Ensa Colley and Lamin Gibba.

The prosecution alleged in count one that Nfansu Fatty, Karamo Fatty and Ensa Colley on or about 12 December 2015 at Bundung in the Kanifing Municipality conspired to commit felony to wit: fraudulently and without claim of right took twenty million dalasis (GMD 20,000,000) worth of fuel belonging to Gambia National Petroleum Company (GNPC).

The prosecution alleged in count two that Nfansu Fatty, Karamo Fatty and Ensa Colley on the same date and place stole, whilst being employed with The Gambia National Petroleum Company fraudulently and without claim of right took twenty million dalasis (GMD 20,000,000) worth of fuel belonging to GNPC.

The prosecution alleged in count three that Lamin Gibba on or about 12 December, 2015 at Bundung in the Kanifing Municipality whilst being employed as downstream coordinator willfully neglected his official duties when he failed to collect the fuel remotes at Bundung and Abuko which remotes were used to siphon fuel from the pumps.

The prosecution also alleged in count four that Nfansu Fatty on or about 12 December, 2015 at Bundung in the Kanifing Municipality whilst being employed as a public servant with intent to defraud falsified GNPC receipt in favour of one Modou Njie.

The prosecution further alleged in count five that Nfansu Fatty, Karamo Fatty and Ensa Colley on or about 12 December, 2015 at Bundung in the Kanifing Municipality being public officers by their willful act caused financial loss to the tune of twenty million dalasis (GMD 20,000,000) to GNPC being the value of fuel fraudulently taken from GNPC.

Furthermore, the prosecution alleged in count six that Lamin Gibba on or about 12 December, 2015 at Bundung in the Kanifing Municipality being a public officer by his willful act or omission caused financial loss to the tune of twenty million dalasis (GMD 20,000,000) to GNPC being the value of fuel fraudulently taken from GNPC.   

Author: Bruce Asemota