Yaya Sanneh, proprietor of Darussalam Construction and a resident of Soma, acknowledged to the Commission that he was overpaid for the Mina Village borehole project.
Now primarily focusing on the Mansakonko Area Council after the intense drama with the Basse Area Council, which was found to be profoundly contaminated and corrupt to the core, the Commission had already received witnesses from the Mansakonko Area Council, such as revenue collectors and contractors, who testified over overpayments and other financial and administrative irregularities.
However, the overpayment mystery is still not fully resolved. Hence, Yaya Sanneh was summoned to give evidence as investigation into the issue continues. Yaya’s written statement, business registration for his company Darussalam Construction, GPPA registration certificate and annual return certificate were also tendered and admitted into records.
Yaya Sanneh, who obtained a certificate in construction from the Gambia Technical Training Institute (GTTI) in 2018, began his testimony relaying that he applied for the contract for the drilling of boreholes after seeing the advertisement for the contract.
He explained that he only sent an invoice to the Mansakonko Area Council and was later informed that he had been awarded the contract. He informed the Commission that he personally handed his application to the CEO of the council and was later called and informed by the CEO that he got the nod.
The witness provided invoices dated 25 September 2020 and numbered 0024 and 0025 respectively.
The witness attested that the two invoices were the same as he asserted that invoice number 0025 is a continuation of invoice number 0024. He claimed that the total value of the project was D475,000. The invoices were tendered into the Commission’s records.
Chairperson Jainaba Bah put to the witness that the invoices were not the same as they “did not add up.” Bah realised that the total value of the 0024 invoice was D424,471 and the total value of the 0025 invoice was D475,000.
Despite the discrepancies, Yaya still maintained that the two invoices were the same, however, claiming this time that the second was a continuation of the first invoice. The Commission asked the witness to do the calculations himself. Yaya did the math, after which he concurred with the chairperson that the two invoices differed.
“Explain the differences between Invoice 0024 and Invoice 0025?” Chairperson Bah requested.
The witness again insisted that the invoices were the same.
Getting into the details of the contract, Yaya informed the commissioners that the payment for the contract was made in 3 installments – D285,000 and D125,000 and D65,000 – that added up to D475,000.
Counsel Patrick Gomez showed the witness a cheque withdrawal of D10,000 dated 29 September 2020.
Yaya explained: “This cheque might not be related to the contract. It could be the regional youth committee’s work. I work for the regional youth committee. We requested for funding for our cleansing exercise and the council gave us the cheque.”
Yaya claimed to be the chairperson of that regional youth group which calls itself Eco Friends Gambia.
Yaya also confirmed making a withdrawal of D25,000 on 30 December 2020, but he couldn’t tell the Commission what the money was meant for, saying he couldn’t recall.
Deputy Lead Counsel put it to the witness at this point that the total payments made to him amounted to D510,000 instead of the agreed D475,000: “Your invoice was D475,000 but the amount paid to you was D510,000,” Counsel Patrick Gomez told the witness.”
Yaya testified the extra amount paid on top of the agreed contract sum did not have anything to do with the contract. He testified that the D10,000 was for the cleansing exercise. Counsel Gomez said the overpayment was D35,000 and not D10,000.
Hence, the deputy lead counsel asked the witness to account for the overpaid sum by telling the Commission the details of the transactions, but the witness claimed he couldn’t remember.
Counsel Gomez specifically detailed that on 28 December 2020, the council paid the witness D71,250. And on the same day, the witness paid D10,000 into the council’s Trust Bank account.
“What was that for?” Counsel Gomez asked. The witness kept silent.
“Mr Sanneh, we are waiting for you. Why did you pay D10,000 in the councils’ Trust Bank account on the same day you were paid D71,250?” Counsel Gomez told the witness.
The witness still remained silent, without a word in response.
Again, Counsel Gomez ordered the witness to explain the D35,000 overpayment he received.
“Definitely, the deposit is in my name but I cannot remember the purpose of the deposit,” Yaya stated in response.
The witness repeatedly claimed he couldn’t recall.
“You cannot sit here and say you cannot recall,” Counsel Gomez said.
As the day’s session neared its conclusion, Counsel Gomez asked the witness again why he deposited D10,000 in the account of the Mansakonko Area Council but the witness said he couldn’t remember the rationale behind the deposit.
“For now, I am not sure I have answers for the D10,000 deposit,” he said.
