By Fatou Dahaba
Former lead counsel of the Janneh Commission, Amie Bensouda, sharply rebuked a special parliamentary select committee on Wednesday, accusing members of bullying her during a heated session over demands for documents related to the sale and disposal of assets identified by the commission. Appearing before the committee for the second time, Bensouda firmly stated that she could not produce documents not in her custody and urged the panel to engage with the Ministry of Justice, the official custodian of the Janneh Commission records.
The confrontation unfolded as the committee pressed Bensouda to submit copies of the fee notes sent to the Ministry of Justice during her tenure leading the high-profile commission, which investigated alleged financial misconduct under former President Yahya Jammeh. “I can only produce documents I have,” Bensouda declared. “Where I am not able to provide such documents, the committee should engage the Ministry of Justice as custodian of all documents about the work of the Janneh Commission.”
Tensions escalated when Bensouda suggested she might have copies in her accounts and promised to search for them. However, she insisted that the legal responsibility to produce issued documents lies with the recipient, not the issuer. “The person to whom you issued it is the person by law required to produce it,” she said. “I would say I have two altercations. One is bullying. I think at this point, it is important for the committee to let me speak.”
Committee member Hon. Kebba Lang Fofana swiftly interjected, rejecting the accusation of bullying. “We don’t bully witnesses, and everything we do is respectfully done,” Fofana retorted. “Applying for submission of documents cannot be bullying. That is calling for accountability and transparency, and insisting on that application cannot be bullying.” He emphasized that the committee operates under different proceedings than the High Court and would continue to pursue its mandate with respect but firmness.
Committee Chairman Ceesay supported the demand, tasking Bensouda to produce the fee notes where possible. “Since you were the one sending these fee notes to the Ministry of Justice, I think the application is for you to produce the document where possible,” Ceesay said. He added that if Bensouda could not provide the documents, the committee would also summon the Ministry of Justice to do so.
Bensouda stood her ground, arguing that the committee’s powers to summon public institutions made their insistence on her retrieving documents from the Ministry of Justice tantamount to bullying. “I have no power over the Ministry of Justice,” she asserted. “Why should I be asked to write to the Ministry of Justice to produce documents when, by your orders, by your standing orders, you are the ones who have the power to summon the Ministry of Justice to produce the documents I have already sent to them?”
The exchange grew more contentious as members questioned inconsistencies in the dates of Bensouda’s acceptance and engagement letter. The engagement letter was dispatched on July 24, 2017. Still, Bensouda testified that she began part-time work on July 17, 2017, to set up systems, transitioning to full-time on July 24 to prepare for public hearings. The Solicitor General, upon signing, listed July 17 as the contract’s effective date.
Hon. Fofana pressed for clarity: “How is that possible? How does the engagement letter come before the cover letter itself, when the cover letter was supposed to be used as a means to forward the engagement letter?” Bensouda explained that the letter was prepared and dated July 24, but, due to delays, was not sent until August 22, 2017.
Bensouda further clarified that she was contracted individually, not as part of her firm, despite correspondence bearing her firm’s letterhead. The committee’s scrutiny reflects ongoing efforts to ensure transparency in the handling of assets identified by the Janneh Commission, which exposed significant financial irregularities during Jammeh’s 22-year rule.
As the session concluded, the committee reiterated its commitment to accountability, while Bensouda maintained her stance against what she perceives as overreach. The outcome of the document requests remains pending, with a potential summons for the Ministry of Justice looming.
