LG COMMISSION RECOMMENDS BCC CEO BE DISMISSED, BANNED, AND PROSECUTED

The Local Government Commission has recommended that Mr Mustapha Bachilly, the chief executive officer of the Banjul City Council, should be dismissed from the Local Government Service, banned from holding public office for five years; and be prosecuted before the high court.

The report of the commission which is yet to be made public, seen by The Standard newspaper, found Mr Bachilly liable for fraudulent false accounting, abuse of office, and unlawful authorisation of public expenditure and that he bore primary statutory responsibility for the administration, financial management, and safeguarding of the council’s resources.

The report stated: “Evidence shows that Mr Bachilly authorised unauthorised expenditures totalling approximately D8.3 million, including payments for non-budgeted items such as ‘mayoral protocol’, ‘community outreach’, and public relations’. These expenditures were not included in the approved annual estimates, contrary to the requirements of the Local Government Finance and Audit Act.

“The CEO approved cash withdrawals from council accounts without supporting vouchers, without Finance Committee resolutions, and outside the approved estimates, in violation of the Local Government Act, and the Local Government Finance & Audit Act.

“Additionally, the CEO violated the personal responsibility obligations under the Public Finance Act, which holds public officers liable for unlawful or improper expenditure. He failed to ensure the daily banking of revenues, the reconciliation of accounts, or the implementation of audit recommendations, thereby fostering systemic financial indiscipline. This constitutes a breach of the Local Government Act and of his fiduciary responsibility as accounting officer.

“The commission finds that Mr Bachilly wilfully abused his office by disregarding lawful financial controls, acting ultra vires his statutory authority, and concealing irregular transactions from legitimate oversight institutions, including the National Audit Office.”

Consequently, the commission found him personally, and financially liable, and criminally culpable for false accounting and abuse of office.

The commission therefore recommended that Mr Bachilly be surcharged for all the unauthorised expenditures in addition to the dismissal, banning from holding public office, and referral to the Attorney General’s Chambers before prosecution.

‘Secondary liabilities’
The commission also found Directors of Finance Abdoulie TM Nyang and Momodou Camara guilty of secondary liabilities jointly and severally for unauthorised expenditure, gross negligence, and breach of fiduciary duty, resulting in financial loss estimated at D12.2 million.

“They are administratively culpable for violation of their statutory responsibilities, financially liable for the resulting losses, and subject to professional sanction by the Institute of Chartered Accountants of The Gambia for ethical breaches and professional misconduct arising from false reporting, non-compliance with public finance standards, and failure to uphold professional integrity,” the report recommended.

Regarding the Internal Auditor Assan A Jallow, the report found that he was administratively negligent and professionally culpable, but that while his omissions may not constitute criminal intent, they amount to serious professional misconduct for which disciplinary sanction, restitution, and retraining are warranted.

President Adama Barrow and his cabinet are expected to review the commission report and issue a whitepaper detailing the government’s response and indicating what punitive measures will be exacted on those found liable by the commission.