The Commission noted that Lamin Suso, on 6 October 2021, attempted to withdraw D50,000 from the Brikama branch of Vista Bank but the withdrawal was refused by the bank. Ousman Touray said while he was in the office, he received an SMS alert for a D50,000 withdrawal.
He testified that he did not recall signing any cheque for such withdrawal, adding that he therefore reached out to Vista Bank and the transaction, which was almost concluded, was reversed. Ousman Touray provided a copy of the cheque and a printout of the SMS alert to the Commission. Both were admitted into records.
Touray added that he called Lamin Suso and confronted him regarding the transaction, but Suso insisted that the cheque was signed by both of them.
On his part, Lamin Suso said the CEO was not truthful. Suso testified that the cheque was signed in September by both of them, and he only tried to make the withdrawal in October. On why the withdrawal was not allowed by the bank, Suso said he felt that the account had a negative balance. On what he wanted to do with the D50,000 he attempted to withdraw, he said it was for a refund of D30,000 he gave the then-CEO (Ousman Touray) as per diem for a trip to the US.
He said the remaining D20,000 was to be used for other council activities. He told the Commission he had no voucher or other documentary evidence to back his claim of pre-finances. He blamed himself for not preparing a voucher before making the pre-financing.
However, Ousman Touray countered Lamin Suso’s testimony. He said Suso was not truthful as the per diem allowance paid to him was from the Agib Bank account of the council. “My allowance was not from Suso’s pocket,” Touray said.
He referred the Commission to the bank statement concerning 9 September 2021. Withdrawal of 9 September 2021 was brought to the attention of Lamin Suso. Lamin Suso said the said withdrawal was for the payment of CEO Touray’s liability to one Modou Jonga. Asked if he had evidence to back his claim, Lamin Suso said he did not have such evidence.
Still on the D50,000, the deputy lead counsel asked Suso the rationale behind the bank’s reversal of the withdrawal. Lamin Suso claimed that he was made to understand that there was no money in the account.
Also, the Commission has evidence indicating that Lamin Suso also withdrew D141,000 on 22 September 2022 from the Brikama Branch of Vista Bank. Ousman Touray said he discovered earlier that there was a deposit of D40,000, which was withdrawn the same day before the withdrawal of the D141,000. Ousman Touray said he asked Lamin Suso to return the money to the account, but he did not follow the instructions.
“He is very right,” Lamin Suso reacted
Mr Suso added that the D141,000 cheque was also signed by the CEO, although the CEO insisted that the cheque was forged. Lamin Suso said the money was also a refund for a pre-finance had he made.
Ousman Touray said at the time of the withdrawal the account had a negative balance of D1 million and the withdrawal increased it.
Thus, at this point, Chairperson Jainaba Bah raised the issue of having negative balances and the raising of the cheque, which was allowed by the bank without following due process.
“We did not authorise the bank for that facility,” Ousman Touray reacted to the concern raised by the chairperson.
Lamin Suso said the D131,000 from that amount was for salary while the D10,000 was for fuel. However, this contradicted an earlier testimony he made before Commission, wherein he said it was for a refund of pre-finances he made.
The deputy lead counsel referred Mr Suso to the Financial Manual regarding sources of council funding. After reading that provision, the deputy counsel asked Lamin Suso whether pre-financing was part of it but he responded in the negative. Lamin Suso testified that he had no authority to pre-finance the Council.
Interestingly, both witnesses admitted that they had not acted as per the dictates of the legally established financial rules.
The deputy lead counsel told both witnesses that they were not employed to pre-finance the council activities but to manage the funds of the council in line with the law.
He referred the witnesses to certain provisions of the Financial Manual regarding how council funds were supposed to be expended.
“Why were you approving payments without vouchers and supporting documents?” Counsel Gomez asked.
“It was wrong,” Ousman Touray answered.
Both witnesses were eventually discharged by the Commission.
