The testimony centred largely on the controversial Geology Funds, funds accrued from quarry operations and for community development in mining-affected areas. However, evidence presented during the session suggested widespread diversion and misuse.
Former CEO Modou Jonga, who served from November 2019 to February 2024, admitted diverting D11.8 million out of the D33.7 million received as Geology Funds. Those funds, according to the Memorandum of Understanding (MoU) between BAC and the Department of Geology, were specifically allocated for projects in mining-affected communities.
Instead, Jonga revealed that the funds were used to repay bank overdrafts, settle loans and pay staff salaries.
“We could not stick to the course,” Jonga said. “We were taking overdrafts from the bank to pay salary.”
The Commission found that on 26 October 2021, BAC received D4.17 million in Geology Funds, while the council's bank account was already overdrawn by D2.5 million. The money was immediately used to offset the overdraft, leaving only D1.6 million for development projects.
“The idea was to repay the money once the Council generated revenue. Unfortunately, the funds never came,” he said.
Despite the legal requirement for collective decision-making and thresholds for financial approval, Jonga conceded that he unilaterally approved most expenditures, without proper consultation with the council or the then Chairman Sheriffo Sonko (served May 2018 – May 2023).
He claimed Sonko was sometimes informed, but not always: “Sometimes I informed the chairman. Sometimes I didn’t.”
Lead Counsel Patrick Gomez pressed Jonga on his overreach: “You might have good intentions, but that is subjective. You don’t run the Area Council based on what you think.”
Jonga further acknowledged using part of the Geology Funds for road rehabilitation projects, again without approval from either the Council or the Chairman. He maintained that the Council was aware of existing contracts and he acted to meet obligations.
Jonga testified that during the first disbursement of the Geology Funds in 2021, only three wards - Gunjur, Kartong and Pirang - submitted project proposals, which were approved and funded. Other mining-affected communities - Sanyang, Kafuta, Bullock, and Giboro - received nothing.
While some councillors later accused BAC of excluding them, Jonga said all wards were informed. He added that in 2023, there was a second round of disbursement, but the total value disbursed to wards remains disputed. While Jonga said D11.8 million went to wards, records before the Commission showed only D3.8 million was disbursed.
Supporting documents, including ward proposals, committee minutes and payment vouchers, were tendered and admitted into evidence.
The Commission grilled Jonga over large cash withdrawals from the Geology Fund account. On 28 October 2021, BAC staff member Amadou Touray withdrew D1 million, D500,000 and D855,300. The next day, Omar Saidykhan withdrew D400,000 and D425,000.
Jonga claimed these withdrawals were for salary payments, but failed to present immediate reconciliation records. The Commission demanded evidence, raising concerns over accountability and proper bookkeeping.
Jonga admitted that the BAC operated without adherence to the Financial Manual thresholds and that he had no knowledge of the law requiring Ministerial approval for loans and overdrafts. He also stated that Chairman Sheriffo Sonko was unaware of these financial arrangements.
Lead Counsel Gomez pointed out that Jonga's actions were not only in violation of internal procedures but also unlawful under national financial regulations. Jonga conceded that he acted outside the law.
Former CEO Mam Sait Jallow, who served from May 2018 to October 2019, was also summoned to testify. He was questioned about honorarium payments made to councillors.
Jallow said he was unsure if the chairman was aware and admitted that the Council did not approve the payments, which were meant to compensate councillors for duties outside their official roles.
Another area of concern was the controversial 5C Energy Gambia Limited contract, which replaced an earlier arrangement with Qlink. The Commission noted a discrepancy in the baseline revenue BAC provided to 5C Energy. While the Council’s actual revenue baseline was D78 million, only D68 million was disclosed to the company.
Jallow claimed the figure was revised due to exclusions like market and car park revenue. However, the contract agreement showed no such exclusions, leading to accusations of misleading financial representations.
The inquiry also examined the purchase of trucks worth D12.5 million from 5C Energy on a hire-purchase basis, again without following due procurement process. Jonga defended the decision, citing lack of funds and claimed that the Contracts Committee approved the deal. Minutes from the meeting were submitted and accepted into evidence.
Lead Counsel Gomez concluded that the mismanagement, lack of oversight, and unilateral decisions by BAC officials resulted in gross abuse of public funds. He emphasised the need to recover the diverted funds, especially those taken from the Geology Fund.
“The law doesn’t allow you to act on personal judgment. Public resources are governed by procedures, not intentions,” Gomez stressed.
