Rohey Malick Lowe, the mayor of the Banjul City Council (BCC), has admitted to improper procedures in the administration of public funds distributed through her office.
Mayor Lowe acknowledged in his testimony before the Local Government Commission of Inquiry on Wednesday that some payments made via Fatou Mbenga, the Council’s Deputy Public Relations Officer (PRO), did not adhere to the legally required financial and procurement processes.
Mayor Lowe attested during her testimony that she knew Ms. Mbenga and that the Deputy PRO followed her instructions for all payments.
“It appears that all of the payments to Fatou Mbenga were made in her name per your instruction. She was doing what you told her to do. Is that right? The Lead Counsel inquired.
According to the mayor, Fatou Mbenga’s orders were followed for all of her payments.
I instructed Fatou Mbenga to fulfill all of her requirements, from A to Z. As I previously mentioned, we submit requests to the CEO when we need something, and it is up to them to decide whether to grant or deny. “If you look at it, the general council is requesting assistance for the flood victims,” she remarked.
The lead attorney reminded the witness that the main point of contention was that the Office of the Lord Mayor lacks the power to request monies and decide how they should be used.
“Lead counsel, we never receive a request that guarantees the mayor will use the funds in her preferred manner. Our authority is to submit a request. For the CEO, it is how we plan to execute it. It’s not as though they put the cash in a bag and deliver it to me. For instance, the flood victims have been evaluated. Everyone was present when the CEO’s office conducted the need assessment and we gave them the money. The mayor said, “The payment was paid by Fatou Mbenga.
The primary attorney responded by claiming that the process was flawed. The mayor admitted his mistake.
“I completely concur with you. However, we believed we were doing morally at the time, so even if you told me now, I wouldn’t have to agree with you,” she said.
A payment voucher totaling four hundred thousand dalasis was then read by the main attorney. According to the description, the money was given to flood victims as cash assistance. A memo from the Lord Mayor to the Assistant Public Relations Officer, citing a General Council resolution on the necessity of aiding Banjul flood victims, was attached to the voucher.
Assistant Public Relations Officer Fatou Mbenga wrote the request for imprest, which was sent to the CEO via the Director of Finance.
“To whom was this money awarded? How did the flood victims receive this funding, and who were they? Is there a retirement date for this? He inquired.
The witness replied, “I have no doubt that Fatou Mbenga would handle the retirement.” And everyone to whom we provided the money is still living. The victims did not get anywhere with the four hundred thousand. It hurts a lot when they try to read it as though Fatou Mbenga brought the money to the office and delivered it to me directly because my family personally spent an additional three hundred and fifty thousand dollars on that. The procedure is incorrect.
Lead Counsel Patrick Gomez reminded the witness that public funds, including a single dalasi, are subject to existing regulations that regulate their use. He then questioned the witness about their knowledge of all the flood casualties.
“I don’t know if Fatou Mbenga is having the documents or not, but this was very transparent,” the witness replied. The list was held by the Banjul City Council and NDMA. And once more, Fatou Mbenga did nothing but act as a courier. I sent it to the CEO, and they provided her with funding to carry out the procedure. She complied with the CEO’s and my orders,” the witness said.
The witness was questioned further by the counsel, who revealed that Fatou Mbenga received 30,000 dalasis for providing media coverage of the fourth town hall meeting, which took place on Saturday, March 19, 2022. The Counsel claims that the payment was made per the Mayor’s directive, which he considered improper.
“I agree with you and say that, I totally agree that the process was wrong,” the Mayor said in response, acknowledging his mistake. We wouldn’t have done it this way if today had been yesterday, and I believe that the mayor’s office needs to be directed. I only make a request, but it’s not for me to say that; this is the proper way to proceed. Even if Fatou commits a mistake, I must be honorable enough to accept that she was under my authority.
The Counsel then asked additional questions: “The Media Coverage, Was the money made to Touray’s media consultancy after Fatou Mbenga requested the sum on your behalf? He inquired, “How did you hire Touray’s PR consultancy?
“The way it goes was that, this was how the council used to do it, and this is how we are going to do it,” the witness said. We don’t adhere to any certain procedure. After calling GRTS and Fatu Network, we will determine whether our program requires GRTS. We haven’t thought of anything other than seeking greater visibility, particularly in the media. We still do it that way today.
Whether the procedure was conducted with complete knowledge of the legal framework governing the payment structure or without it, the Lead Counsel asked.
The Mayor retorted that she had no responsibility for the payment process’s implementation.
The Lead Counsel explained that although asking for payment is not illegal in and of itself, it becomes problematic when money intended for a certain procurement procedure is taken and the Mayor handles procurement on their own. He underlined that such behavior would be improper.
The mayor admitted that she was aware that procurement rules had to be followed, especially when it came to expenses relating to the media. She voiced her worry about the current legal system’s restrictions on a mayor’s power, saying:
“I was aware that procurement procedures, like those in the media, had to be followed. The mayors would have more authority if I believed we were abiding by the law. For instance, you may write to the Ministry and inform them that you see a problem in the Council and would like to restructure it. Do not write to me again; they will reply. The CEO is the one who should write to me. It’s really embarrassing,” she remarked.
In order to support the victims of the fire breakout, the Lead Counsel provided another payment voucher of 100,000 Dalasi. The witness was asked by the counsel if they remembered this payment, which was routinely handled by Fatou Mbenga. The witness attested to her memory.
The witness said, “I’m not sure if it was paid to Fatou Mbenga or the victims, but I’m positive they were.”
“Why must it be paid to your office through Fatou Mbenga?” the Lead Counsel then inquired.
“We paid to Fatou Mbenga because all of the victims’ belongings were destroyed and they didn’t have ID cards,” the witness gave as an explanation.
The witness was advised by the Lead Counsel that the regulations are clear: Council initiatives must be carried out in the Council’s name and in accordance with the authorized budget. Accountability is at the heart of this issue.
“It becomes ambiguous and you cannot account for the Hundred Thousand if we give a hundred thousand to one individual for the payment to victims,” he said.
The Mayor agreed that there were problems with the procedure.
The witness was questioned by the lead attorney about a D20,000 cash imprest payment meant for food for the Rohey Malick Lowe Drapo and condolence gifts for two deceased Banjulians. The lawyer asked why this payment was being made.
“Is it for culture, and we still do it this way today?” In response, the witness said,
Then, Counsel Gomez suggested that she not be the beneficiary of such payments.
