Africa-Press – Gambia. The Local Government Commission of Inquiry has confronted Mayor Rohey Malick Lowe and Mutapha Bathcily, former Chief Executive Officer of Banjul City Council (BCC), regarding their disregard for the Gambia Public Procurement Authority’s (GPPA) ruling on the procurement of LED lights from Senegal.
During their joint testimony on Monday, the two officials were informed that despite GPPA’s rejection of their application to purchase the LED lights, the council proceeded with the procurement process.
Mayor Lowe, who testified first on the matter, acknowledged that she was aware of the council’s initial request to procure the lights and that the application had been rejected by GPPA, as she was copied in the correspondence. However, she explained that when the council submitted a second request, she was traveling, and upon her return discovered that the former CEO had advanced the procurement to the contract committee for discussion.
Mayor Lowe stated, “So GPPA rejected it for the second time I heard it from here. I was not copied. I was copied for the first rejection,” she said.
Mayor Rohey Malick Lowe told the commission that the decision to procure LED lights from Senegal was driven by a shortage of supply from their Gambian supplier, Mamud. She explained that, at the time, she was receiving frequent complaints from Banjul residents about inadequate street lighting and felt a pressing obligation to respond to the public concern.
She said she first came across the LED lights during an official visit to Senegal, and upon her return, she discussed the matter with then-Chief Executive Officer Mustapha Batchily. Mayor Lowe claimed she was unaware that the Gambia Public Procurement Authority (GPPA) had rejected the procurement request for a second time.
However, Lead Counsel Patrick Gomez informed her that evidence before the Commission, corroborated by former CEO Batchily, indicates that she authorized the procurement to proceed despite the GPPA’s disapproval. He added that it was following her directive that funds were released to Marget Samba to facilitate the purchase in Senegal.
In response, Mayor Lowe said, “If the CEO said that, I would agree because I was so eager to have the lights, but I will appreciate it when we sit here and tell the truth. The first time he was going to purchase this in Senegal, I was not in the country. It is the second time that I have been in the country.”
She stated that she respects the law and would never advocate for the council to proceed with a procurement after it had been rejected by the Gambia Public Procurement Authority (GPPA).
At this point, Batchily was called to join Mayor Lowe at the witness stand. Counsel Gomez asked Batchily whether the Mayor was aware of GPPA’s decision to reject the procurement of LED lights in Senegal. He confirmed that she was.
Counsel Gomez then inquired if the Mayor had instructed them to proceed with the procurement despite GPPA’s rejection. Batchily responded affirmatively, stating that the Mayor had indeed given the approval to move forward.
“I will not be arguing with the CEO here but I know that I was very eager to have the lights because Banjul was dark. The second time I was not aware it was rejected,” she explained.
Batchily informed the commission that Mayor Lowe was aware of the second rejection by the GPPA. “We had a briefing and she knew and decided to proceed,” he stated.
Counsel Gomez informed Mayor Lowe that the CEO’s testimony aligns consistently with the documents held by the commission, as well as with the statements of other witnesses. He noted that the commission has obtained a communication dated March 4, 2022, between CEO Batchily and the Director of Finance, in which the Director of Finance copied the Mayor. In this letter, the Director of Finance requested approval to procure the lights in Dakar.
Counsel Gomez further explained to the Mayor that the letter states the certified dealers were identified through consultation and networking between the Mayor of Dakar and the Lord Mayor of Banjul.
Mayor Lowe responded, “we sent Marget to Dakar and the Dakar Council’s technicians took him to where to buy the lights.”
Counsel Gomez pointed out that Marget traveled to Dakar under her directive, to which Mayor Lowe concurred. Counsel Gomez then stated that the Mayor’s involvement in the procurement process was inappropriate.
When questioned why she did not request approval from the GPPA before proceeding with the procurement, Mayor Lowe was unable to provide a justification.
The Mayor stated, “Lead counsel I said I did not even know GPPA disapproved this procurement. I am just being honorable not to have a disagreement with the CEO that is why I am accepting.”
Counsel Gomez informed Mayor Lowe that she had been copied on the letter the Director of Finance sent to the CEO, indicating that the CEO was acting under her instructions. He further stated that even if Mayor Lowe had not seen the second rejection from the GPPA, as she claimed, she could have requested to review the GPPA’s approval.
Bathcily was then questioned about who instructed Marget Samba to travel to Dakar to procure the lights. He responded that it was Mayor Lowe. Counsel Gomez asked Mayor Lowe if she wished to respond or if they should proceed to another matter. Mayor Lowe requested that they continue.
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