Gambiaj.com – (BANJUL, THE GAMBIA) – The government has moved to have Banjul Mayor Rohey Malick Lowe removed from office while ordering a fresh criminal investigation into allegations arising from the Commission of Inquiry into the Conduct of All Local Government Councils.
The decisions are contained in Volume 1 of the Government White Paper on the Commission’s findings concerning the Banjul City Council.
The government has accepted the Commission’s recommendations against Mrs. Lowe relating to economic crime, surcharge, legislative review, her fitness for public office, improper behavior, and negligence.
It has also formally recorded findings of “improper behavior, negligence, and failure in her oversight function” against the Mayor.
The findings are not court convictions, and no criminal charge has been brought against Mrs. Lowe. She has denied taking public funds for her personal benefit.
Three Matters Referred For Criminal Investigation
The Inspector General of Police has been directed to investigate three matters to determine whether there is prima facie evidence of criminal wrongdoing.
The first concern is D795,000 in legal fees, which the Commission found had been paid from Council funds in connection with a case in which Mrs. Lowe was sued in her personal capacity.
The Commission said the payment was never authorized through a Council decision and was therefore procedurally and legally improper.
The second concerns a Toyota Hilux pickup allegedly acquired by Mrs. Lowe through the Rohey Malick Lowe Women and Girls Empowerment Initiative. Documents submitted to the Commission included invoices dated April 28, 2021, for US$9,000 and US$10,000.
The third concerns a D13.8 million contract for 300 dustbins, where the Commission identified what it considered a serious conflict-of-interest concern.
The supplier acknowledged having a personal relationship with the Mayor, while Mrs. Lowe personally communicated the tender opportunity to him. Only three bidders were invited, and the Commission found that claims concerning the supplier’s qualifications were not properly verified.
The police have been instructed to refer any case involving prima facie evidence of economic crime or another offense to the Attorney General’s Chambers “for immediate prosecution.”
Mayor Faces Surcharge and Forensic Audit
The Government has also accepted the recommendation that Mrs. Lowe be surcharged for unretired imprest, including D400,000 linked to the Banjul Rehabilitation Project.
Imprest refers to money advanced to an official that must subsequently be accounted for with supporting documentation.
The Commission noted that a 2019 internal audit had already raised concerns about some of these advances.
Separately, the Auditor General has been ordered to conduct a forensic audit of the D795,000 legal payments.
If the audit establishes quantifiable financial loss, misappropriation, or personal enrichment, the Auditor General is expected to surcharge Mrs. Lowe or any other person found responsible.
Government Says Problem Was Enforcement
The government has accepted the recommendation for a review of the legislative framework governing local councils, but its White Paper rejects the suggestion that the main problem was an absence of adequate laws.
It says the existing legal framework “has sufficiently addressed” council governance and financial management.
Instead, the government concludes that “there was no evidence of legislative gaps, but rather weak legislative enforcement.”
That position puts the emphasis on how existing rules were applied and enforced rather than on creating an entirely new legal framework.
Commission Rejects Oversight Defense
Mrs. Lowe told the Commission that the Council’s Chief Executive Officer, as Chief Accounting Officer, was responsible for authorizing expenditure.
She argued that mayors could not hire, discipline, or directly spend public funds and said she relied heavily on information provided by the CEO, much of it verbally.
But the Commission found that her role went beyond simply providing political guidance.
It said she issued verbal instructions for payments outside approved budget lines, while councilors later endorsed some unauthorized spending.
The Commission also found that the Mayor and councilors failed to properly review financial reports, neglected statutory oversight meetings, and repeatedly ignored audit findings.
It concluded that political instructions had effectively displaced the statutory authority of accounting officials.
The conduct was found to have breached sections 132 and 133 of the Local Government Act, 2002, as well as sections 8, 9, and 13 of the Local Government Finance and Audit Act, 2004.
Admissions Also Weighed Against Her
The White Paper says Mrs. Lowe made several admissions during the inquiry.
She acknowledged that public money had been channeled through Fatou Mbenga, an individual linked to her office, for flood and fire victims, media coverage, town halls, awards, and refreshments.
She accepted that such payments should instead have been made directly by the Council to beneficiaries or service providers.
She also conceded that procurement rules had not been followed for some media, catering and printing services, and that providers were sometimes selected because of familiarity rather than through competitive processes.
The Commission said the absence of proper documentation, retirement of funds, and beneficiary lists left some transactions “opaque and indefensible.”
It further found that the transactions cited by Mrs. Mbenga were carried out on Mrs. Lowe’s instructions.
The White Paper also refers to land transactions involving Charbel El Hajj and businessman Nandu Rajwani, saying Mrs. Lowe’s evidence showed non-verification, undocumented decisions, and informal pricing.
It says her testimony “does establish direct personal misconduct” in relation to procurement, expenditure, and land allocations, although she did not admit receiving a personal benefit.
Removal Now Depends On General Council
The government has referred Mrs. Lowe’s case to the General Council, the body empowered under the Local Government Act, 2002, to remove a mayor from office.
However, Mrs. Lowe remains Mayor of Banjul pending completion of that process.
The government has also directed the Inspector General of Police, the Auditor General and the Attorney General’s Chambers to proceed within their respective mandates.
The decision represents a significant escalation of the government’s response to the Commission of Inquiry’s findings, with Mrs. Lowe now facing three separate tracks of accountability: a potential criminal investigation, possible financial recovery through surcharge, and a process that could ultimately end her tenure as Mayor.
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