During his testimony at the ongoing local government commission of inquiry on Tuesday, Mustapha Batchilly, the former Chief Executive Officer of the Banjul City Council (BCC), acknowledged that he had authorised payments and contracts that were not in compliance with procurement regulations.
Batchilly acknowledged that a total of D496,000 was illegally disbursed as festive bonuses to members of the EU-funded project team and the steering committee. He explained that these payments were excluded from the project’s approved budget. Batchilly clarified that the project coordinator in Belgium was informed of and endorsed the bonus payments; however, the lead counsel contested this, stressing that the payments had not received budget approval and were therefore unlawful. Batchilly ultimately acknowledged that the payments were not authorised.
In response to a question from the lead counsel, Batchilly acknowledged that those payments were indeed inappropriate, as he was supposed to approve expenditures in line with the budget.
“The project team left a considerable amount of work when their term expired,” Batchilly remarked in an effort to defend the bonuses.
You were expected to approve spending in line with the budget.’ “If you don’t, that would be incorrect,” the lead counsel cautioned him.
“Yes,” Batchilly responded.
Former CEO acknowledged significant procurement irregularities, such as the granting of contracts without adhering to established procedures. He was asked about the involvement of three distinct companies—Jolongkono Construction, SM Bio, and Gam Engineering—in the creation of a unified master plan for the Crab Island School project. Batchilly acknowledged that a formal procurement process was absent.
“How do you intend to compensate three companies for the identical work?” the lead counsel enquired.
“The payments would have been an error,” Batchilly admitted.
The Commission raised concerns regarding a contract granted to Eco Farm Ecology Construction for the rehabilitation of the Crab Island Upper Basic School. The contract, amounting to D8,773,201 and executed in 2021, was scheduled for payment in installments throughout an eight-month duration. Nonetheless, the Commission disclosed that the company obtained more than D9.1 million—surpassing the initial contract amount without any justification.
Batchilly confirmed that the contract had been signed and was requested to supply documentation, which included payment records and clarifications regarding the overpayment.
“Was the contract signed?” the lead counsel enquired.
“Yes,” the witness responded. The Commission expressed additional concerns regarding the acquisition of 60 waste bins from Dembas Trading for D600,000. Batchilly acknowledged that only 10 bins were delivered, despite the full payment being completed. He also recognised that the contract bypassed the Contracts Committee and was approved solely by a decision made by the Mayor.
“Why was that the case?” Lead counsel asked.
“Because it was a repetition of having very good work done in those areas,” the witness responded. Upon further questioning, he conceded that it was not sound procurement practice for the Mayor to make such a decision without the oversight of a committee. “It simply occurred, and I permitted it,” he remarked.
