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    GAMBIA: KMC’s Response to Bribery Allegations Against Former Deputy Mayor Musa Bah

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    In his testimony before the Local Government Commission of Inquiry last week, Musa Bah, a former deputy mayor of the Kanifing Municipal Council (KMC), described in detail how the KMC stopped looking into claims of bribery against him.

    Former Deputy Mayor Musa Bah brought up the subject of former Chief Executive Officer Sainabou Martin-Martin-Sonko, who also had similar accusations against her, during a Q&A session with Lead Counsel Patrick Gomez.

    Musa Bah was elected to the council for the first time in 2018 and was reelected in 2023 to serve a second term. From 2018 until his departure in 2021, he served as the KMC’s deputy mayor.
    Why do you depart? Patrick Gomez, Lead Counsel, enquired.

    “I had a lot of losses at the time. Along with my uncle and other family members, my mother passed away. I felt like I was carrying too much of it. In order to focus on my goal as a ward councillor, I made the decision to lighten my workload’, the former deputy mayor stated.

    “Did you resign for any other reason?” Gomez, the lead counsel, enquired.

    The witness replied, “That was the only reason.”

    He stated in his testimony that he resigned willingly and that the Council approved of his decision.

    “Have you ever resigned from your position as a councillor?” Counsel Gomez enquired.

    “No,” Bah said.

    “Why is that?” Gomez enquired.

    Musa Bah responded, “As I mentioned, I was devastated at the time, so I decided to offload myself and to continue to mourn my mother.”

    Gomez, the lead attorney, requested the witness to state

    the deputy mayor’s responsibilities that, at the time, he felt were too tiresome to justify leaving the position and staying on as a council member. According to Musa Bah, a council member must attend committee and general council sessions, but a deputy mayor has several duties and must report to work every day.

    Additionally, I adhered to the reason I was there. I was chosen, and the responsibility… I didn’t spend a lot of time with my constituent. He remarked, “I was able to be so connected and deliver – give development to my people after relieving or offloading myself.”

    “You realised this when? that being a council member and deputy mayor is really tiresome and that you are incapable of doing it’, Counsel Gomez enquired.

    Musa Bah stated that he has no intention of becoming a deputy mayor. He went on to say that the council members unanimously elected him once he was nominated.

    The witness was asked the same question again by Lead Counsel Gomez.

    “I made the decision to lighten my load so that I could at least enjoy some peace for a bit. I can’t keep it [the job] and hold the council hostage. That’s precisely why I chose to remain a councillor instead of running for deputy mayor’, he stated.

    Bah clarified that an audio recording that was making the rounds at the time claimed that he had asked Eco-Tech Company for bribery. The KMC had a contract with that same company to supply them with digital revenue collecting devices. He claimed that he was already grieving over his mother at the time of the internet controversy. He continued by saying that the Eco-Tech CEO, who he heard on the radio, claimed that the recording had nothing to do with his business.

    Since it coincided with his mother’s passing, he said that one of the reasons he resigned was to “wait until the allegations are cleared.”

    “My mother’s death occurred at the same time as the accusations,” he stated.

    He claimed that in order to give proper process time, he resigned. He went on to say that the council called an emergency general meeting to address the issue. According to his testimony, an investigating committee was established to examine the situation.

    “It was cancelled as soon as they got going,” he stated.

    He explained that the KMC general council-approved investigation halted when the Ministry of Regional Government also started looking into it. According to the witness, the government established a committee to look into the councils, but the councils contested this establishment in court, and it was ruled to be illegal. He further mentioned that investigators from the Ministry spent almost two months at the KMC. He stated in his testimony that the investigators produced a report.

    “Have the accusations against you been addressed in that report?” Gomez, the lead counsel, enquired.

    “There was nothing about me in it,” the witness replied.

    “Did they call you as a witness or as someone they would question about the bribery allegation?” Gomez enquired.

    “Not me specifically, but I think Eco-Tech’s CEO was called,” he replied.

    Lead Counsel Gomez stated, “The bottom line is that there was no investigation into your issue at the Council level.”

    “Well, it got started. The committee in charge once invited me’, stated former deputy mayor Bah.

    The former deputy mayor was questioned by Lead Counsel Gomez if he thought the Council should have ended the probe or carried on.

    “Well, I’m not an investigative expert. I’m not aware of it. The former deputy mayor said, “I don’t know.”

    The witness was reminded by Lead Counsel Gomez that he was a constable and understood local government. He also brought to his attention a comparable instance in which previous CEO Sainabou Martin was suspended due to claims that he had accepted a D30,000 bribe from a real estate broker.

    “The Council suspended Sainabou Martin and Co. regardless of the Ministry’s findings. Remember this? Gomez, the lead counsel, enquired.

    “Yes,” said Bah, the former deputy mayor.

    However, such was not the case with yours. For you, they didn’t do the same. Lead Counsel Gomez informed the witness that theirs went on despite the Ministry’s probe.

    The witness did not respond and remained silent.

    “Is that appropriate in your opinion?” Gomez, the lead counsel, enquired.

    The previous deputy mayor remarked, “Well, hmm, I can’t tell whether it is proper or not.”

    The former deputy mayor stated, “Everyone should be treated equally,” following a series of enquiries.

    “Does that seem like fair treatment?” Gomez enquired.

    Musa Bah said, “Well, I can’t tell.”

    “I’m not referring to your innocence or culpability. The witness responded, “I am attacking the process to shed more light on it.”

    According to the witness, Sainabou Martin was suspended on suspicion of accepting a D30,000 bribe in spite of the Ministry’s probe or investigation. He claimed that even though the Ministry was taking action to look into the matter, the Council took a stand and the KMC still suspended her. He also acknowledged that the KMC did not take a stance in his case, which also involves bribery allegations.

    “Someone may say it is about trying to protect someone and sacrifice another,” Lead Counsel Gomez said

    The former deputy mayor said he was not favoured or protected. He explained that he was confronted by the Mayor regarding the voice (subject of allegation), but he informed the mayor that the person speaking in that audio was not him.

    “Regardless of your innocence or guilt, there should have been the same process. Interestingly, the two separate cases have to do with allegations of bribery and fraudulent malpractices. [They are] very similar cases. On one hand, the case of former CEO Sainabou Martin took a different step. [The] Council decided Sainabou Martin and Co would be suspended. I am not even talking about the legality of that process. With the issue of the deputy mayor, we don’t even have an investigation report. Council did not decide to suspend deputy mayor or not. Don’t you think they should have both had the same treatment?” Lead Counsel Gomez asked.

    The witness said that people should be treated the same manner. He admitted the treatments in the two cases were different.

    “You and I agree that people should be treated the same,” Lead Counsel Gomez said.

    “Of course,” the former deputy mayor answered.

    “But that did not happen in this case,” Gomez said.

    “Well, hmmm, I don’t think so,” the witness answered.

    Musa Bah is the councillor for Latrikunda Yiringanya

    The statement of the witness dated 18 July 2023 and the additional statement dated 19 September 2024 were admitted in evidence. Bah is the chairman of the “Mbalit” Project of the KMC. He is also a member of the Contracts Committee. He stated that he served as ex-officio member of the Accounts Committee and the Market Committee.

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