By Fatou Dahaba
Former Minister of Justice and Attorney General Abubacarr M. Tambadou robustly defended the integrity of the Janneh Commission’s appointments, dismissing allegations of conflict of interest raised against lead counsel Amie Bensouda. The claims stemmed from Bensouda’s prior role as legal representative for the Social Security and Housing Finance Corporation (SSHFC), one of the state enterprises under investigation by the commission.
Addressing the issue, Tambadou recounted that Bensouda promptly informed him of the potential conflict when it arose. He noted that she agreed to recuse herself from proceedings involving SSHFC, a measure he deemed sufficient to maintain fairness. “It wouldn’t be fair for the lead counsel to abandon her role entirely because of one state enterprise,” Tambadou argued. He emphasized that conflicts of interest are case-specific and can be managed through appropriate mechanisms, such as recusal. To this end, Tambadou revealed that Mustapha Bachilly was appointed to replace Bensouda during SSHFC-related hearings.
Tambadou justified Bensouda’s appointment, citing her extensive experience in both public and private sectors, including her tenure as Attorney General and Legal Secretary under the Ministry of Justice. He underscored the decision to appoint a private practitioner to ensure the commission’s independence from government influence. “We chose a private practitioner to keep the process detached from public office,” he said, reinforcing the commitment to impartiality.
Before assuming their roles, the former minister disclosed that all appointees, including Bensouda, were vetted for conflicts of interest. However, he acknowledged that Bensouda later disclosed her connection to SSHFC.
Tambadou confirmed his role in recommending and appointing the commissioners, Secretary, and lead counsel, all of whom were approved by the president. He admitted to professional relationships with most appointees, except for Bai Mass Jobe. Nonetheless, he insisted that appointments were based on five core criteria: Gambian nationality, high repute, professional competence, trustworthiness, and non-partisanship.
Refuting allegations of political interference, Tambadou clarified that Ousainou Darboe had no involvement in appointing the lead counsel or commissioners. “He has nothing to do with this,” Tambadou stated emphatically.
Without specific Terms of Reference (ToR) for the commission’s members and staff, Tambadou argued that the commission was granted discretion to establish its rules of procedure and evidence. “They had the flexibility to determine what rules to apply,” he said, defending the commission’s autonomy in shaping its operational framework.
The Janneh Commission, established to investigate financial dealings under the previous administration, has faced scrutiny over its impartiality. Tambadou’s testimony sought to reaffirm the integrity of its processes, highlighting measures taken to address conflicts and maintain independence.
