Local Government Commission of Inquiry
Mustapha Batchilly, the former Chief Executive Officer of Banjul City Council, has admitted to widespread procurement violations and unauthorized financial decisions during his tenure, including allowing the Mayor to improperly influence spending and procurement processes. Testifying before the Local Government Commission of Inquiry on Monday, Batchilly confessed to several breaches of procedure, including a D400,000 cash imprest payment made to Mayor Rohey Malick Lowe without proper documentation, ledger records, or justification. “It did not follow due process. That is true,” Batchilly admitted, acknowledging that the transaction was unauthorized and lacked any legal basis. The payment was allegedly made for the Mayor to distribute as she saw fit, a move the Commission’s lead counsel, Patrick Gomez, strongly criticized. “You had the audacity to give the Lord Mayor D400,000 to be giving people,” Gomez charged.
Batchilly, who joined BCC in 1999 and rose through the ranks to become CEO, admitted under questioning that he had limited knowledge of procurement procedures and often acted under pressure. “I have learnt from these deliberations,” he said, admitting repeatedly that many transactions under his watch violated The Gambia Public Procurement Act. He disclosed that Mayor Lowe used to make procurement requests, including high-value purchases, despite having no legal authority to do so. One such case involved the procurement of LED street lights from Senegal amounting to D1.29 million. The purchase lacked any bidding process or documentation, and was rejected by the GPPA, yet Batchilly authorized it regardless. “The Mayor negotiated this,” he said. Gomez confronted him: “You subjected Council funds amounting to D1.29 million to this procurement, even after the GPPA refused it.” Batchilly replied, “I was vulnerable.”
The Commission learned that the Council paid a total of D1,290,000 to a supplier in Senegal for the lights without a single quotation or documentation to confirm value-for-money. Batchilly confirmed this just like previous witnesses. Gomez stressed that no invoice, no procurement file, and no technical evaluation existed to justify the purchase. “You don’t even know if this amount is the correct market value,” he said. Batchilly conceded: “That is true.” Batchilly admitted that the procurement was unlawful. He said it was the Mayor who did the procurement herself.
Further scrutiny focused on the Mayor’s foreign trips and events organized under the REFELA banner, for which over D2.3 million was spent. Batchilly authorized payments for REFELA activities, including over D200,000 spent on T-shirts, media engagements, and logistics, without budget approval or sufficient documentation. Asked what was printed on the T-shirts, he replied, “I cannot remember,” and failed to produce any documentation to support the expenditure. In another transaction, he approved the disbursement of D900,000 labeled as “visibility” under the Banjul-Ostend partnership. That payment was made despite the Director of Finance refusing to endorse it. Batchilly confirmed that Momodou Camara, the Finance Director, was removed from the CityLink Banjul-Ostend Steering Committee after objecting to the transaction. Gomez asked whether the Mayor or the CEO had the right to remove Camara. Batchilly answered, “No, she doesn’t,” and admitted the action was improper.
The inquiry further revealed the misuse of over D1.1 million in EU project funds under the CityLink Banjul-Ostend initiative, spent on media campaigns and town hall meetings that were neither planned nor budgeted. These town hall events, the Commission noted, served political purposes and were spearheaded by the Mayor. Asked why such politically charged activities were funded from a city development project, Batchilly could not provide justification. “They were political,” Gomez observed. Batchilly offered no rebuttal. Instead, he said he will provide the speeches. Gomez said he should also provide the videos.
In a separate but related issue, Batchilly authorized the issuance of D33,000 loans to each of several Steering Committee members ahead of the 2022 Tobaski feast. The funds, disbursed from the CityLink Banjul-Ostend project budget, were never sanctioned by project guidelines. Batchilly admitted the loans were unauthorized and that he acted under pressure. Although one deduction of D3,000 was made from each person’s salary, Batchilly confirmed that as of today, each person still owes D30,000. “The decision was wrong,” he admitted.
He was also asked about a D232,000 payment for accounting software that was never delivered. Batchilly confirmed that despite payment, the supplier did not fulfill the contract and no steps were taken to recover the funds or report the matter. “So we paid for software that never came?” Gomez asked. “Yes,” he replied.
The Commission expressed concern over the extent to which the Mayor encroached upon the role of the CEO, particularly in procurement and finance. Batchilly admitted to facilitating her involvement, even when he knew it contravened local government regulations. “Was it proper for the Mayor to be initiating procurement?” Gomez asked. “No, it was not proper,” Batchilly replied. “The law says you are responsible,” Gomez reminded him. Batchilly agreed.
His written statements dated 4 May 2024 and 22 January 2025 were tendered into evidence. He was directed to provide the Commission with bank statements for all BCC accounts at Trust Bank, BSIC, and EcoBank to verify transactions and track public funds.
