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Deputy lead counsel senses biases in LG Service Commission

Jul 12, 2023, 4:49 PM | Article By: Ali Jaw

The deputy lead counsel of the Local Government Commission of Inquiry, Patrick Gomez, has raised biases and prejudice in the manner in which the Local Government Service Commission (LGSC) operates.

Local Government Commission of Inquiry is setup to conduct a holistic and fair review of the administrative and financial operations of councils. The objective is to improve governance and management of grassroots affairs as in line with best practices.

Chairperson of the LGSC, Mr Momodou Jallow, who was tasked during his previous appearance in June to produce certain documents, reappeared before the Commission.

Mr Jallow produced his appointment letter, the demotion and redeployment letter of the deputy CEO of KMC (Kajally Janneh), a letter from Senghore Law Practice, who represented KMC in its challenge of the decision to demote and redeploy Janneh and two meeting minutes of the LGSC. The documents were admitted into evidence.

Deputy Lead Counsel Gomez expressed detecting biases by LGSC for their failure to look into the alleged fraudulent allegation against Sainabou Martin, CEO of Kanifing Municipality Council. He added that the LGSC was not interested in the issue of the allegations of fraud.

“I think it was cherry-picking, trying to discuss the issue of the interdiction [of Sainabout Mbye] which was of interest to the Ministry [of Local Government and Lands] and not the issue of the fraudulent allegations,” Counsel Gomez said.

The witness, however, insisted that they were independent in the manner they made their decisions, adding that they were not subjected to any control or manipulation by any authority.

Asked how to explain the fact they prioritised the “interdiction” and not the “fraudulent allegations”, Mr Jallow said the issue was discussed in one of the LGSC meetings. Nonetheless, he noted that they resolved not to proceed with it because they were informed of the arrangement for the establishment of a Local Government Commission of Inquiry.

Counsel Gomez dared him over the veracity of this claim, as he stated that even after the Commission was established, the LGSC was still executing decisions. The counsel recalled, for instance, the demotion and redeployment of the deputy CEO of KMC, Kajally Janneh.

“Do not use the setting up of this Commission for not doing your job, because the same Commission was setup to look into these issues. But you still choose to demote and redeploy Kajally Janneh and transfer Sainabou Martin Sonko. You did not wait for the Commission to do that,” the deputy lead counsel put to him.

The witness (Mr Jallow) responded that the Ministry of Local Government and Lands only asked the LGSC to assess the issue of the interdiction.

On the issue of the fraud allegations slammed on Sainabou Mbye, he said: the issue at hand was the interdiction. We did not look into the allegations of fraud because of the setting up of the Commission. The Ministry and KMC did not follow due process because they did not involve the LGSC from the onset.

It could be evoked that Sainabou Martin was the former CEO of KMC, who was placed on administrative leave by council resolution of 26th July 2021 amidst damning corruption allegations, was forcefully escorted into her office by officials from the Ministry of Lands and Regional Government and reinstated, although the allegations were later confirmed by the Inspection Team sent from the Ministry itself.