Sonko, during his testimony stated that although he was the chairperson of the council, financial decisions were primarily taken by the CEO and the finance director. He claimed most of the council's expenditures were never discussed with him.
“Most of the spending were not discussed with me,” he told Lead Counsel Patrick Gomez, adding that the “nature of the council” allowed the CEO and the finance director to operate independently without a threshold for financial approval.
Despite receiving daily and weekly briefings, Sonko admitted that these never included financial matters. He said he was aware that procurement laws required a threshold, but he continued with what he found upon taking office.
Internal audit reports from 2022 identified significant lapses in procurement procedures. Payments were made without adherence to procurement laws, with some contracts exceeding one million dalasis issued without due process.
When asked what he did after learning of these breaches, Sonko said,
“I cannot remember doing anything.”
Auditors found evidence of double fueling of vehicles, payments without documentation, and a general lack of supporting financial records.
Sonko testified that in 2020, the council was marred by political division, with councillors boycotting meetings after he was expelled from the United Democratic Party (UDP). The councillors filed a petition asserting that his chairmanship was no longer valid, leading to a year-long standoff.
Sonko said the situation affected his work, but the Commission emphasised that the procurement violations had no link to the political crisis.
“You should not hide behind the issue of the councillors,” Gomez told him.
Further questions were raised on the unaccounted D29 million of Geology fund. According to reports BAC received D33,713,176.01 in royalties from the Department of Geology between May 2020 and June 2023. Only about D3.6 million was allocated to communities in Gunjur, Kartong and Pirang. The remaining over D29 million is unaccounted for.
Sonko testified, however, he that he did not follow up on how the money was spent.”
“I should have asked, but I did not ask.”
He further acknowledged that it was wrong to use community development funds to clear the council’s negative bank balances.
When asked why he didn’t investigate withdrawals from the fund by council staff, he replied:
“I don’t know. They never told me.”
Gomez pointed out that money that was meant for the communities was diverted.
“Yes, yes,” Sonko responded.
Sonko confirmed that the BAC took several loans, including, D2 million from Jah Oil in 2019; D2.5 million from Jah Oil in 2022; D7 million from Eco Bank; and D2 million from Access Bank
Except for the Eco Bank loan, which he claimed was approved by the Ministry, the other loans were not discussed by the council or formally approved.
He said he signed some of the loan agreements based on the CEO’s assurance that they were interest-free.
The Commission noted that such decisions should not have been taken without council resolution or ministerial clearance.
The BAC entered into a digital revenue collection contract with 5C Energy, introduced by a nominated councillor Sheriffo Sonko. The company sponsored a trip to Dubai for Sheriffo Sonko (the witness), former CEO Mam Sait Jallow, and IT Officer Alieu Badou Jeng. Sonko initially claimed the trip was exploratory, not contractual, but later admitted procurement procedures were violated.
The agreement gave 5C Energy 50% of any revenue collected above a baseline of D68 million despite the actual revenue in 2018 being D70 million. Gomez stated that the lower baseline favored the company and resulted in a revenue-sharing scheme based on an incorrect benchmark, which the witness acknowledged.
“The baseline was wrong.” Lead counsel said
“It was an oversight,” said the witness
The Commission found no evidence of a competitive procurement process, open tender, or legal vetting of the contract. Furthermore, the contract falsely claimed the company had invested $3.5 million, which Sonko dismissed as a currency mistake.
The inquiry uncovered that honorarium payments were made to councillors and the chairman during feasts like Koriteh, Tobaski, Christmas, and New Year. Sonko initially denied knowledge of the payments but later admitted that they were unlawful.
The witness was presented a voucher from 2018, and he said, “I have never seen this. This is wrong.”
The BAC later purchased eight trucks from 5C Energy for D12.5 million, five compactor trucks and three with skip bins. These were bought without specifications, and the procurement process was again bypassed which the witness agreed.
“I know it was wrong. The CEO has the documentation.”
The Commission requested he produce the contract documents for the trucks.
