Louis Prom, a representative of the Augustus Prom firm, which serves as the court-appointed receiver of assets belonging to former President Yahya Jammeh, claimed that his firm encountered considerable pressure from both the Social Security and Housing Finance Corporation (SSHFC) and the former Attorney General to transfer control of the Ocean Bay and Sun Beach hotels to SSHFC.
During the testimony on Monday before the National Assembly Committee investigating the sale of Jammeh’s assets, Prom detailed that SSHFC submitted a motion to the Janneh Commission regarding the hotels. He stated that his firm opposed what he characterized as efforts to “mislead” them during the process.
Prom further stated that his firm received a letter from the former Attorney General directing them not to oppose SSHFC’s motion. He also mentioned a phone call from the Attorney General’s Chambers to discuss his firm’s responsibilities as the receiver of Jammeh’s assets.
“We had a phone call from one of the state counsels, Kimbeh Tah. He gave us the overview of the engagement. By that time, the Ministry of Justice already had our profile in terms of the services we offer. They requested if we would be interested; we told him we would get back to him.” Prom testified.
A subsequent meeting was convened at the Ministry of Justice to discuss the firm’s engagement and associated fees. Subsequent to this meeting, the ministry released an official letter concerning the issue.
He stated that representatives from his firm participated in the meeting, together with former Solicitor General Cherno Marenah, senior police officers, former Registrar General Alieu Jallow, and the former Director of Litigation.
“It was like a task force, and the former Solicitor General Marenah was chairing the meeting.”
He provided testimony indicating that during the meeting, there was a strong encouragement to take prompt action. “I recall the phrase ‘you have to move fast’ from the meeting, which we adhered to by promptly visiting locations, communicating with the banks, and freezing assets,” he recounted.
He specified that the matter of payment for his firm’s services was not covered during that meeting but was addressed in a later one. Subsequently, a fee proposal was submitted and subsequently approved by the Attorney General’s Chambers.
The court order was obtained on May 22, 2017. The order was forwarded to Prom’s firm, accompanied by cover letters—one from the Attorney General’s office and another from the Sheriff Division. He observed that the letter from the Attorney General was received subsequent to the High Court date.
Concerning the formation of the task force, Prom indicated that he does not remember receiving any official invitation to participate. “This was addressed in the initial meeting.”
At the beginning of their assignment, he outlined that they initially visited the abattoir in Abuko, where they conducted a briefing and presented a copy of the High Court order. The team also visited Kanilai Group International (KGI) and communicated to the pertinent banks that a receiver had been appointed. He observed that the vast majority of the companies, around 90 percent, were inactive. “While some lacked assets, the primary active entities are the Abattoir and KGI,” he stated.
Concerning the Ocean Bay and Sun Beach Hotels, Mr. Prom indicated that the Social Security and Housing Finance Corporation (SSHFC) was the entity that first engaged his firm with a proposal to transfer the properties to companies focused on tourism.
“They told us that they have received offers for the hotels that are more lucrative, and I think the initial request was to terminate the lease. So, we did our due diligence and got back to them that we cannot terminate the lease because the matter is at the high court, and also the Janneh Commission has frozen these hotels through legal barriers. Then they came back and said, we cannot terminate the lease,”Prom remarked.
Mr. Prom indicated that Social Security subsequently recognized that the leases were not subject to termination. At that moment, I perceived that they were attempting to mislead us; however, we maintained a heightened level of mental alertness. We provided a comprehensive overview of the entire structure, after which they requested management contact information to facilitate the transition of these new operators into the hotels,” he asserted.
Prom clarified that the Romanian investors entered into a lease agreement with a parent company located in Dubai, while a distinct management contract was established between that parent company and its subsidiary, VPI Tourism.
“The Romanians established a lease agreement with the parent company based in Dubai and created an additional subsidiary, VPI Tourism, which held a management contract with the Dubai parent company.” A management contract is already established. He clarified that there is no legal avenue for transferring the hotel.
He indicated that, at that moment, they encountered significant pressure, to the extent that they almost considered resigning. The lease was subject to a dispute at the High Court involving the owner and the Romanian parties, resulting in the court’s decision to freeze the lease. Furthermore, a management contract was established.
“The receiver had their barriers, everybody knew this but it was like as if they were trying to use us or misguide us. We told them, there is no way. We sympathize. We know Social Security was in charge of pensions, we take in to account it is a government entity and if we had legal safe option to transfer we would have done it but we couldn’t.”
He indicated that at one stage, Social Security filed a motion with the Janneh Commission, requesting that the receiver, Augustus Prom Firm, be compelled to transfer the hotels to them. The motion, submitted by Abdoulie Sissaho, faced opposition from their legal team, who presented their case before the commission. The chairman of the Janneh Commission rejected Social Security’s motion, citing that the matter was already under consideration by the High Court. As a result, this outcome he claimed was unsatisfactory to certain parties.
“I remember wording to compel the receiver, Augustus Prom Firm, to release the hotels to Social Security. It was filed by Abdoulie Sissaho. Our lawyer went to the Janneh Commission, and social security lost the case. The chairman of the Janneh Commission dismissed the motion of Social Security because the matter was already at the high court. As a result, certain parties were not pleased with us,” he stated.
He asserted that they were facing what he described as a formidable cabal determined to acquire the hotels. “We chose not to release it, and I am pleased with that decision.” He clarified that following the Social Security Fund’s defeat in the case at the Janneh Commission, they ultimately decided to cease their pursuit. The former Attorney General expressed dissatisfaction with their firm’s role as receivers, particularly regarding the failure to transfer the VPI tourism hotels to interested buyers. “Evidence supports this, as the former Attorney General communicated with us, advising against blocking the motion regarding Social Security.”
