By Yankuba Jallow
The Commission’s probe shifted sharply when Lead Counsel Patrick Gomez turned to payments made during a 2018 market exercise. The mayor and 26 councillors each received D10,000. The Commission asked whether the payments were lawful, whether they were budgeted, and why the mayor, who insists he never asked for the money, still kept it.
Bensouda began by distancing himself from the budget. “It is normal to overshoot budgets — it is quite normal. There is nothing illegal about it. It is very normal,” he said. That remark drew immediate response from Commission Chairperson Ajaratou Jainaba Bah, who asked whether people could simply make payments as they pleased without reverting to the budget. She handed him the 2018 budget and asked if the honorarium for the market exercise was listed. After reading, the mayor admitted it was not.
A 9 August 2018 voucher raised by councillor Karamo Ceesay, chairman of the finance committee, was produced. Gomez asked whether it was not the council’s duty to supervise the CEO and ensure payments aligned with the budget. Bensouda said the council did supervise, through its committees. He insisted he did not know at the time the payments — including his own — were not budgeted.
Gomez directed him to Section 13 (2) of the Local Government Finance and Audit Act: “Appropriation of funds by a council shall not be made out of the funds of the council unless it is approved in a budget.” Bensouda agreed. “If it is not, then it is unlawful payment,” Gomez said. “Yes,” the mayor replied.
The Commission then showed him a council resolution dated 2 August 2018 authorizing the payments, signed by the clerk and deputy mayor. But Gomez pressed: “Do you agree with me that for the general council to approve or authorise payment it must be in line with the budget?” “If it is not in line with the budget, it is a lapse on their side,” Bensouda answered.
The mayor shifted responsibility to the council’s audit structures. He said internal auditors and external auditors should have flagged the issue. He also insisted it was not the council’s job to check whether a payment matched the budget.
The questioning grew more pointed. Gomez told him some councillors who were paid did not even participate in the 25-day exercise. “If they take the money, they should return it,” Bensouda said. He added that he participated fully, with his driver, market manager, and protocol officer as his team. “I participated all day,” he told the Commission.
But his name did not appear on the attendance register. Asked why, he replied that he was not interested in the money and therefore did not sign. He admitted he did not request the D10,000; the payment was initiated by Karamo Ceesay without his consultation. Still, he confirmed the money was deposited in his account.
“Did you return the money?” Gomez asked.
“No,” Bensouda replied.
“Why?” Gomez pressed.
“Because I participated in the exercise,” the mayor said.
“No, it is because you need it,” Gomez retorted.
The mayor admitted he generated no report for his own participation and offered only an “informal” report back to council. He could not produce meeting minutes or supporting documents for the voucher that paid him.
