Gambiaj.com – (BANJUL, The Gambia) – Alagie Kebbe on Tuesday told the High Court in Banjul that Win-Win Company Limited acted in good faith throughout its rice supply transaction and that delays in delivery were caused by the supplier’s failure to fulfill its contractual obligations.
Kebbe was testifying in his defense before Justice Ebrima Jaiteh in a case where he faces charges of economic crime, theft, obtaining goods by false pretenses, and cheating. The prosecution is led by Director of Public Prosecutions A.M. Yusuf, while Kebbe is represented by defense counsel K. Jallow.
Giving evidence, Kebbe said Win-Win Company Limited had arranged for payment for the procurement of 8,000 metric tonnes of rice, valued at more than €3 million, to be made through Mega Bank directly into the supplier’s account in accordance with the agreement between the parties.
Referring to documents already admitted into evidence, he identified correspondence marked as Exhibit P6A and explained that another document, EC3, related to the outstanding balance of rice that had yet to be delivered.
According to Kebbe, after receiving communication from the World Food Programme (WFP), the company reviewed the situation and informed the organization that the remaining rice would be delivered within an extended period of between 25 and 45 days.
He further told the court that Exhibit P6B was Win-Win’s formal response to the WFP regarding the undelivered rice and was based on assurances provided by the supplier.
Kebbe identified Exhibit D10 as a contract summary between Win-Win Company Limited and the supplier, while Exhibit D12 was described as the Sales and Purchase Agreement, which initially provided for a three-month implementation period.
He testified that despite repeated follow-ups, the supplier continued to delay delivery, prompting the company to seek legal remedies.
Win-Win subsequently instructed its lawyers to issue a demand letter to Petrochemical Storage Company Limited and later served a notice terminating the agreement after the supplier allegedly failed to deliver the rice.
According to Kebbe, Exhibit D40 reflected the cancellation of the contract and the ensuing refund process. He maintained that although advance payments had been made, the supplier never met its obligations, leading to the termination of the agreement.
Kebbe also told the court that all communications with the WFP were made honestly and based on the information available to the company at the time.
During cross-examination, DPP Yusuf questioned Kebbe about the operations and financial records of Win-Win Company Limited. Kebbe confirmed that the company was incorporated in 2017 and that he served as one of its directors.
However, he said matters relating to annual returns and audited financial statements were handled by the company’s finance department and that he could not recall specific filings when questioned.
Kebbe denied having any personal dealings with Competence Company Limited or diverting funds for personal gain.
He further rejected allegations that he caused financial loss to the State, stole rice, or obtained money and goods by false pretenses. He explained that Win-Win relied on a bank credit facility to finance import transactions and that funds released under the arrangement were tied to specific business purposes.
Concluding his testimony, Kebbe insisted that Win-Win Company Limited had acted in good faith throughout the transaction despite the contractual dispute and delivery delays, adding that he was later arrested and charged over the matter.
The State alleges that between 2020 and 2021, Kebbe committed economic crimes by failing to supply 41,404 bags of 50-kilogram rice from an outstanding balance of 58,500 bags allegedly financed with government funds through 39 vendors.
Prosecutors further allege that he stole the 41,404 bags of rice belonging to the Government of The Gambia and obtained goods by false pretenses and cheated in connection with the alleged payment of D64.08 million after representing that the rice had been purchased and stored for government supply.
Justice Jaiteh adjourned the matter until 12 July at 12 p.m. for continuation of proceedings.
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