The Government has ordered a criminal investigation into Banjul Mayoress Roheyatou Malick Lowe over alleged conflict of interest in procurement of 300 dustbins valued at D13.8 million and misuse of Council funds.
In its White Paper on the Commission of Inquiry into Local Government Councils published yesterday, government accepted the Commission's findings that the supplier admitted a personal relationship with the Mayoress and that the tender was directly communicated to him by her, with restricted tendering and unverified qualifications compromising fairness and value for money.
Government directed the IGP to investigate the D13.8 million contract, D795,000 legal fees paid from Council funds for a case filed against her in personal capacity, and a Toyota Hilux allegedly purchased through her foundation, and to forward for prosecution if prima facie culpability is established.
The Commission was established in February 2023 under Section 200 of the Constitution and Legal Notice No. 7 of 2023 to inquire into eight Councils including Banjul City Council.
On Lowe, the Commission found she interfered in political, administrative and financial operations, issuing verbal directives for payments outside approved budget lines, with Councillors retroactively endorsing unauthorised expenditures without support, contravening Sections 8, 9 and 13 of the Local Government Finance and Audit Act 2004.
It found conduct amounted to improper influence contrary to the Local Government Act 2002 prohibiting corruption and misuse of authority, and that Mayoress and Councillors failed to review financial reports, convene oversight meetings and ignored audit findings, breaching Sections 132 and 133 of the Local Government Act 2002.
On procurement, it found serious conflict-of-interest concerns: supplier admitted personal relationship, tender was directly communicated by Lowe, restricted tendering with only three bidders, unverified qualifications and high price of D13.8 million compromised fairness and value for money.
It found 2019 internal audit disclosed unretired imprests given to Mayoress including D400,000 for Banjul Rehabilitation Project, and that Mayoress accepted transactions were done under her instructions.
It found D795,000 from Council funds was paid as legal fee where Lowe was sued in personal capacity, a decision not taken to Council, procedurally and legally improper.
It recommended economic crime, surcharge, legislative review, fitness review, improper behaviour and negligence.
Government accepted economic crime recommendation and directed IGP to investigate legal fees, Hilux pickup allegedly purchased through Rohey Malick Lowe Women and Girls Empowerment Initiative, and dustbin conflict of interest.
It accepted surcharge for unretired imprest including D400,000 and directed Auditor General to conduct forensic audit on D795,000 legal fee and surcharge Lowe where quantifiable loss is found.
