The Government of The Gambia has accepted recommendations for economic crime proceedings against Banjul City Council Mayoress Rohey Malick Lowe and directed the Inspector General of Police to investigate allegations involving public funds, procurement irregularities and conflict of interest.
The police probe will examine D795,000 paid in legal fees on the Mayoress’s behalf, a Toyota Hilux pickup allegedly acquired through the Rohey Malick Lowe Women and Girls Empowerment Initiative, and the procurement of 300 dustbins for D13.8 million. Investigators have been instructed to determine whether a prima facie criminal case exists. If one is established, the Inspector General must immediately transmit the file to the Attorney General’s Chambers for prosecution.
The decision follows the Commission of Inquiry’s report on the conduct and financial activities of local government councils, which scrutinized the Banjul City Council. The Commission found that Mrs Lowe interfered in the political, administrative and financial operations of the council, issuing verbal directives for payments outside approved budget lines. Some of these expenditures were later endorsed by councilors without supporting documentation, breaching the Local Government Finance and Audit Act 2004.
The Commission further held that the Mayor and councilors failed to properly review financial reports, neglected statutory oversight meetings and repeatedly ignored audit findings. It concluded they bore political, ethical and administrative responsibility for governance failures and financial indiscipline. Although Mrs Lowe told the Commission that the Chief Executive Officer remained the council’s Chief Accounting Officer and that she could only advise, not authorize expenditure, the Commission said evidence showed she directed spending priorities and that political instructions sometimes displaced the authority of statutory accounting officers.
Among the transactions examined were payments for flood and fire victims, media coverage, town hall meetings, religious and cultural activities, awards and refreshments. Some cheques were issued in the name of Fatou Mbenga, who then distributed the funds. Mrs Lowe acknowledged the process was wrong and that the council should have paid public money directly through proper procedures, though she denied personally taking any funds.
Procurement rules were also found to have been ignored in areas including media services, catering, T-shirt printing and event-related spending. The most serious finding concerned the dustbin contract. The supplier admitted a personal relationship with the Mayoress, who directly communicated the tender opportunity. The Commission noted the use of restricted tendering, the invitation of only three bidders, unverified qualifications and the D13.8 million price raised concerns over fairness, transparency and value for money.
In addition to ordering the police investigation, the government has accepted a surcharge recommendation against Mrs Lowe over unretired imprest, including D400,000 linked to the Banjul Rehabilitation Project. The Auditor General has been directed to conduct a forensic audit of the legal fees and to initiate surcharge proceedings if quantifiable loss or misappropriation is established. A formal record of improper behavior, negligence and failure of oversight has been entered against the Mayoress, and the matter has been referred to the General Council for her possible removal from office under the Local Government Act 2002.
The government has therefore accepted the Commission’s core recommendations, leaving the Banjul Mayoress facing a criminal investigation, a forensic audit, potential surcharge and proceedings that could end her tenure.
