The Local Government Commission has recommended the dismissal and prosecution of Mr. Mustapha Bachilly, CEO of the Banjul City Council, citing his liability for fraudulent false accounting, abuse of office, and unlawful authorization of public expenditure. Specifically, the commission recommended that Mr. Mustapha Bachilly be dismissed from the Local Government Service. The commission further advised that Mr. Bachilly be banned from holding public office for five years and prosecuted before the high court. These recommendations follow detailed findings that Mr. Bachilly bore primary statutory responsibility for the administration, financial management, and safeguarding of the council’s resources. The report shows the serious nature of the infractions, noting a significant breach of public trust and financial regulations within the Banjul City Council.
Unauthorised Expenditures Detailed
Mr. Mustapha Bachilly, CEO of the Banjul City Council, authorised unauthorised expenditures totalling approximately D8.3 million, according to the Local Government Commission. The commission stated these expenditures included payments designated for ‘mayoral protocol’, ‘community outreach’, and ‘public relations’. These disbursements were not incorporated into the approved annual estimates, a critical finding that contravenes the provisions of the Local Government Finance and Audit Act. The commission's investigation revealed a pattern of financial mismanagement under Mr. Bachilly’s leadership, directly impacting the council's fiscal integrity. The nature of these expenditures, particularly those lacking proper budgetary approval, points to a systemic disregard for established financial protocols.
The CEO also approved cash withdrawals from council accounts, which lacked supporting vouchers and were made without resolutions from the Finance Committee. These withdrawals were conducted entirely outside the council's approved estimates, indicating a deliberate circumvention of financial oversight. The commission determined that Mr. Bachilly was criminally culpable for false accounting and abuse of office due to these actions. His direct involvement in authorising these transactions formed a central part of the commission's findings. Consequently, the commission recommended that Mr. Bachilly be surcharged for all the unauthorised expenditures he approved, holding him personally accountable for the financial losses incurred by the council. This surcharge aims to recover public funds that were improperly disbursed under his authority.
Other Officials Cited
Directors of Finance Abdoulie TM Nyang and Momodou Camara were found to have secondary liabilities by the Local Government Commission. The commission determined their actions constituted unauthorised expenditure, gross negligence, and a breach of fiduciary duty. These findings relate to their roles in financial management within the Banjul City Council, suggesting a failure to uphold their professional responsibilities and safeguard public funds. Their involvement, while secondary to the CEO's primary culpability, was deemed significant enough to warrant specific recommendations.
The commission estimated that a substantial financial loss of D12.2 million resulted directly from the actions of Mr. Nyang and Mr. Camara. This significant amount is separate from the expenditures attributed to the CEO, noting the multi-faceted nature of the financial irregularities within the council. The report detailed how their negligence and breaches contributed to the overall financial detriment suffered by the Banjul City Council, impacting its ability to provide essential services to the community.
Internal Auditor Assan A Jallow was also cited in the commission's report. Mr. Jallow was found to be administratively negligent and professionally culpable in his duties. The commission's assessment implies a failure in his oversight responsibilities within the council's financial processes, suggesting a breakdown in the internal control mechanisms designed to prevent such irregularities. As the internal auditor, his role was critical in identifying and reporting financial discrepancies, and his negligence allowed the unauthorised expenditures to persist.
Presidential Review Pending
President Adama Barrow and his cabinet are expected to review the Local Government Commission's full report on the Banjul City Council and subsequently issue a whitepaper. The forthcoming whitepaper will detail the government's official response to the commission's findings and recommendations, which include the dismissal and prosecution of Mr. Mustapha Bachilly, CEO of the Banjul City Council. The commission also specifically recommended that Mr. Bachilly be banned from holding public office for five years, a measure intended to prevent future abuses of power.
The Local Government Commission's report also cited Directors of Finance Abdoulie TM Nyang and Momodou Camara for secondary liabilities related to unauthorised expenditure and breach of fiduciary duty, with an estimated financial loss of D12.2 million attributed to their actions. Internal Auditor Assan A Jallow was found to be administratively negligent for his professional culpability. The forthcoming whitepaper will outline the specific actions the government intends to take regarding all officials named in the report and address the overall financial discrepancies and systemic failures identified within the Banjul City Council. This official response is highly anticipated, as it will signal the government's commitment to accountability and financial rectitude in local governance.
