Sierra Leone Telegraph: 25 September 2020:
Three Commission of Inquiry Reports on corruption and abuse of office by the former APC government led by Ernest Bai Koroma, along with the government’s response to the recommendations of those commissions were published yesterday by the government of president Bio. They make for disheartening reading.
Sierra Leone is one of the poorest nations on earth despite the abundance of mineral wealth, where the average life expectancy is less than fifty years, with an average household income of less than one dollar a day. Over 70% of the adult population are either unemployed or underemployed.
Yet, those entrusted with power by the people to manage the affairs of the country, have instead preoccupied themselves with amassing personal wealth through corruption and abuse of public office.
Of the three commission of inquiry reports and government white papers published yesterday by the government, it is the White paper on the recommendations of the Justice Bankole Thompson Commission of Inquiry that has stirred much disgust and anger at the grotesque scale to which the former president, ministers and officials plundered public funds for personal enrichment.
This is what the government’s White Paper on the recommendations of the Justice Bankole Thompson Commission of Inquiry says:
WHITE PAPER ON THE REPORT OF THE HON. DR. JUSTICE BANKOLE THOMPSON COMMISSION OF INQUIRY TO, INTER ALIA, EXAMINE THE ASSETS AND OTHER RELATED MATTERS IN RESPECT OF PERSONS WHO WERE PRESIDENT, VICE PRESIDENTS, MINISTERS, MINISTERS OF STATE AND DEPUTY MINISTERS; AND HEADS AND CHAIRMEN OF BOARDS OF PARASTATALS, DEPARTMENTS AND AGENCIES WITHIN THE PERIOD FROM NOVEMBER 2007 TO APRIL 2018.
1. The SLPP New Direction Government in its commitment and desire to eradicate corruption, mismanagement and indiscipline in the affairs of government, as well as the recovery of all State assets and properties acquired through unexplained wealth and unjust enrichment, by Constitutional Instrument No. 65 of 2018 published in the Supplement to the Sierra Leone Gazette Vol. CXLIX, No. 65 dated 1st August, 2018, instituted the Commission of Inquiry (Examination, Inquiry and Investigation) Notice (2), 2018 with Hon. Dr. Justice Bankole Thompson as Chairman and Sole Commissioner in order to:-
a) examine the assets and other related matters in respect of-
(i) persons who were President, Vice President, Ministers of State and Deputy Ministers; and
(ii) Heads and Chairmen of Boards of Parastatals, Departments and Agencies within the period from November 2007 to April 2018
b) Inquire into and investigate whether assets were acquired lawfully or unlawfully;
c) inquire into-
(i) persons who were President, Vice President, Ministers of State and Deputy Ministers; and
(ii) Heads and Chairmen of Boards of Parastatals, Departments and Agencies;
d) ascertain as to whether the persons referred to in sub paragraphs (a) to (c) –
(i) maintained a standard of life above that which was commensurate to their official emoluments;
(ii) owned or were in control of pecuniary resources or property disproportionate to their official emoluments or there are evidence of corruption, dishonesty or abuse of office for private benefit by them;
(iii) collaborated with any person in respect of such corruption, dishonesty or abuse of office;
(iv) acted wilfully or complacently in such a manner so as to cause financial loss or damage to the government, local authority or parastatal including a public corporation;
(v) acquired directly or indirectly financial or material gains fraudulently, improperly or wilfully to the detriment of the government, local authority or a parastatal including a public corporation, statutory Commission, body or any university
e) to inquire into and investigate any persons or matters as may from time to time referred to the Commission by his Excellency the President.
2. The Commission has submitted its Report on the assets and other related matters in respect of persons who were President, Vice Presidents, Ministers, Ministers of State and Deputy Ministers; and Heads and Chairmen of Boards of Parastatals, Departments and Agencies within the period from November 2007 to April 2018 and Government has since reviewed the Report and recommendations therein.
3. Government wishes to reiterate its commitment in the fight against corruption and public malfeasance as well as restoring decency, accountability, transparency and good government in the administration of our country.
4. Accordingly, it is hoped that public officers would learn from the findings of the Commissions of Inquiry.
B. Examination of the Assets of Named Persons of Interest
1. Dr Ernest Bai Koroma, Former President of the Republic of Sierra Leone
Government notes that:
“The legitimate income of the former President between the period November 2007 and April 2018 was found to be thus: –
a. Salaries – Le2,740,439,563.00
b. NASSIT Pension – 213,908,082.20
c. Income from Investment – 1,523,289,322.00
Total – Le4,477,636,967.20”
However, mathematical calculations show that the value of assets he acquired during his tenure as President “far exceeds his total emoluments and legitimate earnings.” For instance, the total value of his property at Femi Turner Drive amounts to $5,069,000.00 equivalent to Le40,554,000,000.00.
Government accepts the following recommendations:
(A) That property registered in the Office of the Administrator and Registrar General as No.1253/2014 at page 103 in Volume 729 conveyed by the Ministry of Works, Housing and Infrastructure and Zhong Ji Shiye Development Company Ltd to Mohamed Koroma on the 30th May 2014 situate, lying and being at Off Spur Road, Blue Bell Drive, Freetown in the Western Area of Sierra Leone be confiscated and forfeited to the State, as ownerless property (bona vacantia).
(B) That property situate, lying and being at Gbangba Yilla, Hill Station, Freetown suspected to be owned by the former President, Dr. Ernest Bai Koroma, but in respect of which he denied ownership be confiscated and forfeited to the State on the grounds that it is bona vacantia, that is ownerless property.
(C) That property situate, lying and being at Port Loko District in the Northern Province of Sierra Leone be confiscated and forfeited to the State on the grounds that it is bona vacantia, that it is ownerless property.
(D) That property situate at Nos. 6 and 8 Femi Turner Drive, Goderich in the Western Area of Sierra Leone, in the name of Dr. Ernest Bai Koroma, registered on 12th May 2016 at Page 144 in Volume 767 in the Books of Voluntary Conveyances kept in the Office of the Administrator and Registrar General be confiscated and forfeited to the State on the grounds that they were (i) purchased during the former President’s tenure of office, (ii) he failed to disclose them in his Assets Declaration, and (iii) the structures are worth thousands of dollars, without any explanations proffered for such unexplained or extraordinary wealth evidencing incommensurability and disproportionality between the former President’s assets and official emoluments.
(E) That property situate, lying and being at Robureh, Makeni, Bombali District in the Northern Province of Sierra Leone belonging to Dr. Ernest Bai Koroma be confiscated and forfeited to the State on the grounds that the property evidences compellingly (i) the incommensurability between the standard of life of the former President and his official emoluments during the period under review, (ii) the disproportionality between the former President’s ownership and control of property and his official emoluments, (iii) failure on the part of the former President to disclose the said property in his Exit Declaration of Assets, contrary to section 122 of the Anti-Corruption Act, 2008; and (iv) failure to explain such extraordinary wealth.
(F) That, predicated on prima facie evidence proffered before the Commission, there was some questionable financial relationship between the former President and a Chinese Company known as Xinlin Mining (SL) Limited, bearing some nexus to the property at Robureh in Makeni which, in the Commission’s view, may justify investigation by the Cabinet. It is so recommended.
2. Dr. Kaifala Marah, Former Minister of Finance and Economic Development
Government notes that “Dr. Kaifala Marah produced sufficient evidence of his sources of income in respect of the assets acquired during his tenure in public office.”
Government accepts the following conclusions:
(A) That Dr. Kaifala Marah did not maintain a standard of life above that which was commensurate to his official emoluments during the period under review;
(B) That Dr. Kaifala Marah did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
3. Dr. Samura M. W. Kamara, Former Minister of Finance and Economic Development/Former Minister of Foreign Affairs and International Cooperation
Government notes the following:
“(A) That Dr. Samura Kamara owned or was in control of property, to wit, thirty-one (31) vehicles between July 2008 and January 2018 disproportionate to his official emoluments; thereby unjustly enriching himself at the expense of the State of Sierra Leone;
(B) That the aforesaid Dr. Samura Kamara failed to declare the said vehicles (a mandatory requirement of law), such failure constituting an act of dishonesty;
(C) That by reason of such failure as stated in (B) above, Dr. Samura Kamara is in contravention of section 122 (a) of the Anti-Corruption Act 2008 and accordingly liable to prosecution under the said statute.”
Government accepts this recommendation:
The Commission hereby recommends that the case of Dr. Samura Kamara be referred to the Anti- Corruption Commission for investigation and other law enforcement action.
4. Mr. Momodu Lamin Kargbo, Former Minister of Finance and Economic Development
Government accepts the following conclusions:
(A) That Mr. Momodu Kargbo did not maintain a standard of life above that which was commensurate to his official emoluments during the period under review;
(B) That Mr. Momodu Kargbo did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
5. Mrs Zainab Hawa Bangura, Former Minister of Health and Sanitation/Former Minister of Foreign Affairs and International Cooperation
Government accepts the following conclusions:
(A) That Mrs Zainab Bangura, former Minister of Health and later Foreign Affairs did not maintain a standard of life above that which was commensurate to her official emoluments during the period under review;
(B) That the aforesaid Mrs Zainab Bangura did not own or control pecuniary resources or property disproportionate to her official emoluments during the period under review.
6. Mr. Momoh Vandi, Former Deputy Minister of Finance and Economic Development
Government accepts the following conclusions:
(A) That Mr. Momoh Vandi, former Deputy Minister of Finance did not maintain a standard of life above that which was commensurate to his official emoluments during the period under review;
(B) That the aforesaid Mr. Momoh Vandi did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
7. Mr. Sulaiman Kabba-Koroma, Former Board Chairman, National Revenue Authority and later National Commission for Privatization
Government accepts the following conclusions:
(A) That Mr. Sulaiman Kabba Koroma did not maintain a standard of life above that which was commensurate to his official emoluments during the period under review;
(B) That the aforesaid Mr. Sulaiman Kabba Koroma did not own or was in control of pecuniary resources or property disproportionate to his official emoluments during the period under review.
8. Haja Isata Kallah Kamara, Former Commissioner General, National Revenue Authority
Government accepts the following conclusions:
That there is no sufficient evidence before the Commission at this stage to make these determinations:
(1) whether Haja Isata Kallah Kamara, former Commissioner General of the National Revenue Authority maintained a standard of life incommensurate with her official emoluments during the period under review;
(2) that she owned or was in control of pecuniary resources or property disproportionate to her official emoluments during the period under review.
9. Dr. Joseph Sam Sesay, Former Minister of Agriculture, Forestry and Food Security
Government notes that:
“(A) That Dr. Joseph Sam Sesay did maintain a standard of life above that which was commensurate to his official emoluments during the period under review;
(B) That Dr. Joseph Sam Sesay owned or was in control of pecuniary resources or property disproportionate to his official emoluments during the period under review;
(C) Predicated on (A) and (B), that Dr. Joseph Sam Sesay is culpable of unjust enrichment.”
Government accepts this recommendation:
That the Eight (8)-Bedroom, Two (2)-Storey House in Madina Town, Kambia District, acquired by Dr. Joseph Sam Sesay when he was Minister and built during 2013 to 2016, be confiscated to the State of Sierra Leone, as the entity at whose expense Dr. Joseph Sam Sesay has been unjustly enriched.
10. Professor Monty Patrick Jones, Former Minister of Agriculture, Forestry and Food Security
Government accepts the following conclusions:
(A) That Professor Monty P. Jones, former Minister of Agriculture did not maintain a standard of life incommensurate with his official emoluments during the period under review;
(B) That the aforesaid Professor Monty P. Jones did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
11. Mr. Lovell Chandi Thomas, Former Deputy Minister of Agriculture, Forestry and Food Security
Government notes that Mr. Lovell Chandi Thomas: “breached Section 122 (a) of the Anti- Corruption Act and must be investigated by the said entity.”
Government accepts the following conclusions:
(A) That Mr. Lovell Chandi Thomas, former Deputy Minister of Agriculture did not maintain a standard of life incommensurate with his official emoluments during the period under review;
(B) That the aforesaid Mr. Lovell Chandi Thomas did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
12. Alhaji Ibrahim Ben Kargbo, Former Minister of Information and Communications
Government accepts the following conclusions:
(A) That Alhaji Ibrahim Ben Kargbo, former Minister of Information and Communications, did not maintain a standard of life incommensurate with his official emoluments during the period under review;
(B) That the aforesaid Alhaji Ibrahim Ben Kargbo did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
13. Mr. Mohamed Bangura, Former Minister of Information and Communications
Government notes that the “salary of Mr. Mohamed [Bangura] for the period he served [was] Le 506,450,010.00”. However, he made a declaration that he had USD 288,000 at the HFC bank account 21042022017 but “nowhere was it disclosed that Hon. Mohamed Bangura has ever had the sum of USD 288,000 in the said account.”
Government accepts the following conclusions:
(A) That the said Mr. Mohamed Bangura did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review;
(B) That he made a false declaration in his Asset Declaration dated 1st November, 2016 to the effect that he had the sum of USD288,000 in his HFC Bank Account No. 21042022017.
That Mr. Mohamed Bangura be prosecuted for making a false declaration.
14. Mr. Sheka Tarawalie, Former Deputy Minister of Information and Communications
Government notes that Mr. Sheka Tarawalie did not appear at the Commission nor did he file an Affidavit in respect of his assets but rather sent in a letter with derogatory remarks for his non- attendance to the Chairman and Sole Commissioner of the Commission. By this conduct, he was “very discourteous and treated the Commissioner with contempt and ridicule, and is therefore unfit to hold public office of responsibility.”
Government accepts this conclusion:
(A) That Mr. Sheka Tarawalie, was in contempt of the Commission by reason of the derogatory letter sent to the Commission. His conduct is clearly indicative of the culture of disrespect prevailing among some members of the political elite/leadership in some countries for the rule of law, borne out of the misconception that they are above the law.
Government notes this recommendation. However, by parity of reasoning, justice dictates that Government issues no such restrain on political participation.
The Commission hereby recommends that by reason of such aforementioned contempt for the rule of law, the overarching norm, national and global, the aforesaid Mr. Sheka Tarawalie be banned from holding any public office of responsibility, political, statal, or otherwise for a period of ten (10) years.
15. Mr. Theophilus Nicol, Former Deputy Minister of Information and Communications
Government accepts the following conclusions:
(A) That Mr. Theophilus Nicol, former Deputy Minister, Ministry of Information and Communications did not maintain a standard of life incommensurate with his official emoluments during the period under review;
(B) That the said Mr. Theophilus Nicol, did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
16. Mr. Cornelius Deveaux, Former Deputy Minister of Information and Communications
Government accepts the following conclusions:
(A) That Mr. Cornelius Deveaux did not maintain a standard of life above that which was commensurate to his official emoluments during the period under review;
(B) That Mr. Cornelius Deveaux did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
17. Mr. Momoh Konteh, Former Board Chairman, National Telecommunications Commission (NATCOM)
Government notes that:
“(A) Mr. Momoh Konteh, former Board Chairman of NATCOM did maintain a standard of life incommensurate with his official emoluments during the period under review;
(B) Mr. Momoh Konteh, aforesaid, did own or was in control of pecuniary resources or property disproportionate to his official emoluments during the period under review;
(C) That by reason of (A) and (B), Mr. Momoh Konteh unjustly enriched himself at the expense of the State of Sierra Leone;
(D) That aforementioned Mr. Momoh Konteh, by reason of his failure to explain the lawfulness of his acquisition of property at No. 8 Robert Street, Freetown as delineated in Survey Plan L.S No. 2506/17 dated 29th September 2019 attached to Conveyance dated 15th September 2017 registered as No. 3618/17 in Volume 801 at Page 75 is culpable of unjust enrichment;
(E) That aforementioned Mr. Momoh Konteh, by reason of his failure to explain the lawfulness of his acquisition of house and land at Hill Top, Hill Station, Freetown as delineated in Survey Plan LoA 8648 of 4th August 2011and/or lying and being at Ataya Base, Hill Top, Hill Station, Freetown is culpable of unjust enrichment;
(F) That aforementioned Mr. Momoh Konteh, by reason of his failure to explain the lawfulness of his acquisition of property at Off Peninsular Circular Road, Adonkia, Freetown delineated in Survey Plan L.S No. 2474/16 dated 4th November 2016 attached to Conveyance dated 18th January 2017 registered as No. of 331 at No. 782 at Page 24 of the Record Books of Conveyance is culpable of unjust enrichment”
Government accepts this recommendation:
Based on the foregoing conclusions, and guided by the doctrine of equity that restitution is the recognized and effective remedy in law for unjust enrichment, the Commission hereby recommends that the properties mentioned in (D), (E) and (F) above be confiscated to the State as the Certificate Beneficiary of properties acquired unlawfully.
18. Mr. Senesie Kallon, Former Director General, National Telecommunications Commission (NATCOM)
(A) That despite the failure of Mr. Senesie Kallon, former Director General of NATCOM to disclose his Asset Declaration on taking up office or during his tenure, and failure to disclose his official emoluments for the period he served as Director General of NATCOM, there is evidence to the effect that he acquired two properties from 2015 to 2016 during his tenure as Director General.
Government accepts this recommendation:
Consequently, the Commission recommends that the aforesaid, Mr. Senesie Kallon, submit to the Anti-Corruption Commission documentary evidence of his emoluments for the period he served as Director General of NATCOM within a time period to be determined by Cabinet.
19. Mr. Idrissa Yilla, Former Board Chairman, Sierra Leone Cable Limited (SALCAB)
Government accepts the following conclusions:
(A) That Mr. Mr. Idrissa Yilla, former Board Chairman of SALCAB, did not maintain a standard of life incommensurate with his official emoluments during the period under review;
(B) That Mr. the aforesaid Mr. Idrissa Yilla, did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
20. Mr. Mohamed Sheriff, Former Managing Director, Sierra Leone Cable Limited (SALCAB)
Government accepts this conclusion:
That Mr. Mohamed Sheriff, former Managing Director of Sierra Leone Cable Ltd, did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
21. Mr. Alpha Sesay, Former Managing Director, Sierra Leone Telecommunications Company Limited (SIERRATEL)
(A) That Mr. Alpha Sesay, former Managing Director of SIERRATEL did not submit any Asset Declaration to the Anti-Corruption Commission;
(B) That Mr. Alpha Sesay, former Managing Director of SIERRATEL failed to submit a Declaration of Assets Form to the Anti-Corruption Commission.
Government accepts this recommendation:
That by reason of his failure to submit a declaration to the Anti-Corruption Commission, it is hereby recommended that he be referred to the Anti-Corruption Commission for investigation.
22. Mr. Edward Sesay, Former Managing Director, Sierra Leone Telecommunications Company Limited (SIERRATEL)
Government accepts the following conclusions:
That Mr. Edward Sesay, former Managing Director of SIERRTEL (a) did not maintain a standard of life incommensurate with his official emoluments, and (b) did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
23. Mr. Sidi yayah Tunis, Former Minister of Tourism and Cultural Affairs
Government accepts this conclusion:
That Mr. Sidi Yayah Tunis, former Minister of Tourism and Cultural Affairs did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
24. Dr. Dennis Sandy, Former Minister of Lands, Housing and the Environment and later Minister of Social Welfare, Gender and Children’s Affairs
Government accepts the following conclusions:
(A) That Dr. Dennis Sandy, former Minister of Lands and later Social Welfare, did not maintain a standard of life incommensurate with his official emoluments during the period under review;
(B) That Dr. Dennis Sandy did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
25. Mr. Momodu Elongima Maligi III, Former Minister of Water Resources
(A) That there is no evidence before the Commission upon which a determination as to incommensurability or lack thereof, between his life style and official emoluments or ownership or control of pecuniary resources or property can be made since the former Minister defaulted in declaring his assets to the Anti-Corruption Commission, nor did he testify before the Commission.
Government accepts this recommendation:
The Commission accordingly recommends that he be investigated by the Anti-Corruption Commission.
26. Dr. Soccoh Alex Kabia, Former Minister of Health and Sanitation and later Social Welfare, Gender and Children’s Affairs and finally Fisheries and Marine Resources
Government accepts the following conclusions:
(A) That Dr. Soccoh A. Kabia, former Minister of Health and Sanitation, and later Social Welfare and finally Fisheries, did not maintain a standard of life incommensurate with his official emoluments during the period under review;
(B) That Dr. Soccoh A. Kabia, did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
27. Alhaji Moijueh Kaikai, Former Minister of Social Welfare, Gender and Children’s Affairs
Government accepts the following conclusions:
(A) That Alhaji Moijueh Kaikai, former Minister of Social Welfare, Gender and Children’s Affairs, did not maintain a standard of life incommensurate with his official emoluments during the period under review;
(B) That Alhaji Moijueh Kaikai did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
28. Dr. Sylvia Olayinka Blyden, Former Minister of Social Welfare, Gender and Children’s Affairs
Government accepts the following conclusions:
(A) That Dr. Sylvia O. Blyden, former Minister of Social Welfare, Gender and Children’s Affairs, did not maintain a standard of life incommensurate with her official emoluments during the period under review;
(B) That Dr. Sylvia O. Blyden did not own or control pecuniary resources or property disproportionate to her official emoluments during the period under review.
29. Haja Musu Kandeh, Former Minister of Social Welfare, Gender and Children’s Affairs
Government accepts the following conclusions:
(A) That Haja Musu Kandeh, former Minister of Social Welfare, Gender and Children’s Affairs, did not maintain a standard of life incommensurate with her official emoluments during the period under review;
(B) That Haja Musu Kandeh did not own or control pecuniary resources or property disproportionate to her official emoluments during the period under review.
30. Madam Rugiatu Neneh Turay, Former Deputy Minister of Social Welfare, Gender and Children’s Affairs
Government accepts the following conclusions:
(A) That Madam Rugiatu Neneh Turay, former Deputy Minister of Social Welfare, Gender and Children’s Affairs, did not maintain a standard of life incommensurate with her official emoluments during the period under review;
(B) That Madam Rugiatu Neneh Turay did not own or control pecuniary resources or property disproportionate to her official emoluments during the period under review.
31. Dr. Mohamed Gibril Sesay, Former Minister of State 2, Ministry of Foreign Affairs and International Cooperation
Government accepts the following conclusions:
(A) That Dr. Mohamed Gibril Sesay, former Minister of State 2, Ministry of Foreign Affairs, did not maintain a standard of life incommensurate with his official emoluments during the period under review;
(B) That Dr. Mohamed Gibril Sesay did not own or control pecuniary resources or property disproportionate to his official emoluments during the period under review.
EDITOR’S NOTE:
Sierra Leoneans of all tribes and political affiliations must commit to holding their governments accountable for the way they spend public funds, how they generate revenue, how they conduct themselves in public life, how they enforce the law and dispense justice, and their performance in delivering their party’s agenda for development of the country. Nothing more – nothing less. Maada Bio has today set just one of those standards with which we can hold those governing us to account.
The bar has been raised. It will apply to all outgoing governments in future. Those wrongfully affected or indicted by the COI white paper must have quick and unfettered access to justice to make their appeal. Its the only way we can all have trust in the process.
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