Sisay-Sabally, former attorney general and minister of Justice, yesterday
reappeared before the Janneh Commission and said that the former president,
Yahya Jammeh, confirmed the lifting of crude oil to The Gambia from Nigeria.
She was testifying in connection to arbitration in England filed by Chantrial Commercial CSA against the former government in connection to the lifting of crude oil from the Federal Republic of Nigeria.
According to her, the said suit was filed against the former government in 1998 at the time she was serving in the said portfolio; adding that they came to know about the case through a letter from the British High Commission in Banjul which was also copied to the then Secretary General, Alieu Ngum.
At this juncture, she informed commissioners that she prepared a folder for the commission, showing correspondences regarding Gambia/Nigeria fuel saga which was spearheaded by the Chantrial Commercial Company.
Commission’s counsel, Amie Bensouda, at that point, applied to tender the folder produced by the witness in evidence which was upheld by the commission. Documents such as writ of summons from the high court in England and correspondence concerning the said suit were also admitted in evidence.
Mrs. Sabally further explained that when she received the letter from the Department of State for External Affairs, she made it clear to Mr. Ngum, issues surrounding the former government and then requested for him to make an arrangement for her to have an audience with the former president.
She said when she met the former president about the crude oil matter which was then before the high court in England, he told her that he had no idea about the deal.
However, the former president asked her to travel to U.K. and told them that he knew nothing about the lifting of crude oil from Nigeria but she insisted that it was not how things should work because there was supposed to be a barrister to represent the former government in court.
On how much was the outstanding balance for the crude oil, she responded that it is over $651,000; noting that she was misled by the former president regarding the crude oil but he later confessed and said to her that it was a support given to him by the former Nigerian President Sanni Abarcha, for President Jammeh’s political career.
However, Commissioner Saine told her then it was no more bilateral support but “president-president” support and relations, but the witness said that it was confirmed that the accountant general did not receive any proceeds from the crude oil.
It was further observed that in the second contract for the lifting of crude oil, it was signed on behalf of the former government by one Abdoulie Sarr, also known as Samuel Sarr, on the instructions of the former president while one David Ford signed on behalf of the company.
She further told the commission that Mr. Sarr was an emissary of the former president who was issued with a Gambian diplomatic passport.
Barrister Sisay-Sabally disclosed that the former president told her that the Ministry of Trade confirmed to him the crude oil contracts between the Federal Republic of Nigeria and The Gambia and asked her to travel to England. She added that her trip to England, including per diem, was funded by state house as promised by the former president.
According to her, when she embarked on the trip, she met the former government’s attorney and upon her return, she attempted to meet the former president for the third time on the same matter but to no avail, and on the 27th of July, 1998, she wrote him a letter and insisted to see him on the 30th of the same month because the lawyer wanted something to rely on.
She said when she met the former president this time; she explained to him that she should obtain an affidavit from Dominic Mendy, former trade minister. However, she said the former president asked her to do that but she insisted for something to be put in writing prior to her approaching Mr. Mendy.
According to her, when she left State House to her office, she was called to go back and upon arrival, the former president congratulated her for her efforts and told her that they were parting company and served her with a termination letter.
She also explained to the commission that she was succeeded by the current ICC Chief Prosecutor, Fatou Bom Bensouda, and the crude oil file was handed over to her.
Earlier, Karamo Jawara, a principal banking officer at the Central Bank of The Gambia, reappeared in connection to the Japanese grant accounts. He told the commission that he had the list of summary and transaction of fifteen accounts which he said if added to the eleven that were presented, it would give a total of 25 accounts of Japanese grant.
He said the 2KR 2009 account had a balance of D5,589,000 and it was opened on the 26th of May, 2012, and the last transaction was on the 16th July, 2012. On the Japanese Grant 2KR 1999, he stated that the first transaction was on the 2nd of December, 2002, while the last transaction was on the 9th of December, 2002.
Mr. Jawara adduced that the Japanese Grant 2KR 2000 account had a balance of D6,437,072.13 and the last transaction on the account was on the 18th of June, 2004, while on the Japanese Food Aid 2007 account, he said the balance was D734,890 and the last transaction on the account was on the 10th of December, 2009.
On the Japanese Food Aid Sale of wheat flour account, he said there was a balance of D728,073 and the last transaction on the account was on the 22nd of May, 2012, while on the Japanese Food Aid KR 2010, he stated that there was a balance of D25, 992, 711.11 and the last transaction was in December, 2013.
Testifying further, he revealed that the Japanese Grant RSS account had a zero balance and the last transaction was in February, 2000, while on the Japanese Grant RSS Dollar account, he said there was no balance on it as well. He said there was no transaction on the Japanese Grant SG for Education Project account.
On the Japanese Non Grant Aid RYG, Mr. Jawara said the balance was D1,000,000 and the last transaction was on the 2nd of October, 1999, while the KR 2004 Rice Food Aid account had a balance of D957,000 and the last transaction was on the 10th of December, 2009.
Mr. Jawara testified that there was another account called KR 2009 with a balance of D71,520,625.63 and the last transaction was on the 17th May, 2012, while the sale of Japanese Rice account had a balance of D44,753,200 and the last transaction was on the 8th of September, 2014.
According to him, the Sale of Fertilizer 2KR 2007 account had a balance of D24, 235,532 and the last transaction was on the 19th October, 2010
At this juncture, the 14 accounts in connection to the Japanese grants and other relevant documents were tendered and admitted in evidence.
Sittings continue on Monday 7th May, 2018.