Hon. Sherrif Sarr probed Amie Bensouda over the controversial management and receivership of Ocean Bay, Sun Beach, and Dunes hotels—three of the most lucrative assets once tied to the former leader.
Sarr’s questions centered on whether Bensouda, in her role at the Commission, ever directed receiver Augustus Prom to hand over Ocean Bay Hotel back to the Social Security and Housing Finance Corporation (SSHFC).
Bensouda, replied: “No, I don’t think so. I can’t remember because his receivership was terminated, and Foresight Accountants were appointed. If you have such an order, perhaps I can take a look at it but I don’t recall that.”
Hon. Sarr pressed further, citing earlier testimonies by Mr. Prom, who claimed a conflict of interest arose between him and Bensouda’s legal firm when she allegedly ordered him to hand over the hotels to SSHFC.
Bensouda stated “that’s absolutely untrue, and if you look at Volume 1 of the Commission’s report, you’ll find the story about Augustus Prom and why his receivership was terminated. This is not my report. It’s the report of the Commissioners.”
She then reached for the report, quoting directly from Volume 1, page 25, detailing the dispute between SSHFC and the Augustus Prom firm.
According to the report, SSHFC, owners of the leaseholds on Ocean Bay and Sun Beach had terminated their sublease with BP Investment Group FZE over unpaid rent. The matter was taken to the High Court and referred to arbitration. SSHFC then petitioned the Commission to intervene, a move Bensouda’s team resisted on legal grounds.
Hon. Sarr returned to the key issue of conflict of interest recalling that Bensouda had previously represented SSHFC in private practice.
Bensouda admitted that much, explaining she recused herself from handling matters involving Ocean Bay and Sun Beach hotels once the Commission began investigating.“I said I could not be the lawyer in respect of the investigations relating to Ocean Bay and Sun Beach because of my connection to Social Security,” she explained. “Two other lawyers were appointed in my place, Lawyer Musa Batchilly and Lawyer Abdoulie Sissoho.”
She confirmed her firm had earlier represented SSHFC and the two hotels but emphasised that upon the Commission’s involvement, she stepped aside to maintain professional integrity. “If there is an allegation that their services were terminated because of me,” she maintained, “I’m saying that is incorrect.”
Hon. Omar Jammeh took over the questioning, pressing on the financial details particularly why the Commission reduced Prom’s receiver fees from 10% to 3%.
Bensouda, explained that Prom’s firm, initially appointed by the High Court, later served as Commission-appointed receiver for several properties, including Dunes, Ocean Bay, and Sun Beach hotels.
However, according to Bensouda, the controversy erupted when Augustus Prom began deducting 10% of total hotel revenue as fees without any formal approval. “They started deducting 10% of revenue without the authority of the Commission,” she revealed. “The Commission was not aware until the hotel management complained. By the time they were stopped, they had collected approximately D22 million.”
“When confronted, Prom’s firm reportedly justified the deductions by claiming it followed the same fee structure used for High Court-appointed receiverships.”
“No receiver can fix their own fees or deduct from revenue. It’s not possible,” she said. “The Commission found the 10% to be excessive and ordered that they be paid 3% of net profit instead.”
The firm rejected that decision, prompting the Commission to fix a final rate of D300,000 per month, though the Commission’s term ended before full implementation.
“Their services were terminated because they did not seek authority. They chose to deduct 10% without approval. When asked to reverse it, they refused. To claim they were terminated because of me is totally incorrect.”
She referred the Committee to the Janneh Commission’s final recommendation calling for the Attorney General to recover all unauthorised payments made to Augustus Prom’s firm.
She reaffirmed that at the time the Commission folded, Ocean Bay and Sun Beach hotels remained under receivership, with a new receiver Bakary Sanyang of Foresight Chartered Certified Accountants managing both properties. “The Commission recommended that a trustee manager be appointed by the Attorney General to oversee the two hotels,” she said. “They were ongoing and seemingly profitable.”
