FOROYAA – BURNING ISSUES

ISSUE NUMBER 99/2003


TRIAL OF BABA JOBE AND OTHERS

Baba Jobe Pays D2.5 million to GPA

Part 4

As the trial of Baba Jobe on six charges of criminal offence continues in
the High Court before Justice M.A Paul, the second prosecution witness Aziz
Samba who is the financial director of the GPA informed the court that
during this trial period, Baba Jobe and Co had paid D2.5 million towards the
outstanding debt of YDE. Mr. Samba said that the payment was effected on the
11th of December 2003 through the lawyer of the first accused Baba Jobe.

Mr. Samba further indicated that upon receipt of the amount in cheque, his
office had sought advice from the office of the solicitor general. The DPP
asked them to accept the amount and put it in the name of Baba Jobe.

Evidence of Aziz Samba

Q: Name?

A: Aziz Samba

Q: Address?
A: Fajara M Section.

Q: Occupation?
A: Financial Director, GPA.

Q: Do you know the accused persons in the dock?
A: Yes.

Q: Can you tell the court how you came to know them, starting with the first
accused?
A: I know him as a businessman who brings a lot of goods in the country,
e.g. rice cooking oil, sugar and also a very influential person in
government.

Q: What about the second accused?
A: He is MD of YDE.

Q: In what name does the first accused carry out his transactions?
A: YDE.

Q: How do you deal with him when it comes to transactions?
A: We send invoices to him through our way book which are always signed.

Q: What type of customer is he?
A: A credit customer.

Q: Does he have an account with you?
A: Yes.

Q: How was that account opened?
A: In 2001 there was a day when I was called by the then MD, GPA, Ibrima
Jagana to open an account for Mr. Jobe in the name of YDE.

Q: Before this were there transactions between GPA and Mr. Jobe?
A: No.

Q: How was he made a credit customer, did it take time before he was
considered.?
A: No, it was on the spot.

Q: Was that normal?
A: No.

Q: Why?

A: Because normally what we do is that we must at least have a former
business relationship.

Q: What are the results of his transactions with the GPA today?
A: Total losses.

Q: What is the magnitude of the losses?
A: D27.2 million but on the 11th of December 2003, they paid for the sum of
D2.5 million in cheque through Mai fatty, Counsel for the first accused,
Baba Jobe.

Q: How?
A: We received a letter from Mr. Fatty indicating that he has been advised
by his client Baba Jobe, to forward the payment of D2.5 million towards the
debt of the YDE.

Q: Do you have a copy of the cheque?
A: Yes.

Q: Did you also prepare a receipt for the payment?
A: Yes.

Q: Do you have the copy here.

A: Yes.

The copies of the letter, the cheque and receipt were tendered with no
objection and were admitted and marked as follows: the letter as Exhibit Q,
the cheque as Exhibit R and the receipt as Exhibit S.

Q: So the total losses have changed by D2.5 million?
A: Yes.

Q: He was given Exhibits J and K containing invoices and asked if those were
prepared under his office?
A: Mr. Samba replied in the affirmative.

Q: Who signed them,?
A: They are normally signed by accountants.

Q: Shown Exhibit G, a letter which was written by the management of YDE for
the withdrawal of a given cheque 3308428 and asked what gave rise to it?
A: This happened when the MD Baba Kanteh, Buba Baldeh and Buba Senghore came
to my office to say that the said cheque should not be taken to the bank for
cash and since that was not normal with the GPA I requested that they write
a letter to that effect.

Q: What transaction is the cheque related to?
A: MV Wanalilari.

Q: Does GPA have warehouses?
A: Yes.

Q: How do customers get access to them?
|A: They are for rent.

Q: Who keeps them?
A: When a customer pays for a warehouse he controls it.

Q: Is the GPA in a position to know the level of goods in such rented
warehouses?
A: No.

Q: Do you know anything about the 8022 metric tonnes of rice brought by
Wanalihsali?
A: No.

Q: Do you know of anybody in the GPA who may know?
A: Well, there is a department in charge of warehouses, those people may
know.

Q: Are you aware that YDE is having still up to 8022 tonnes in those
warehouses?
A: No.

Q: Are you in position to know?
A: No.

Q: Did you make any statement to the police?
A: Yes.

Q: Which police?
A: Banjul.

Q: Did the GPA at any time report this matter to the police?
A: No.

Q: Do you know who reported the matter to the police?
A: No, but I know we had written letters to the office of the SG, the
departments of state for works and finance, after a few days we were called
to the police to write a statement.

Q: Yourself and who?
A: The MD and myself.

Q: Why did you classify the D27.2 million as losses?

A: Because by the GPA policy after a year when there is no sign of
willingness from the customer of payment of liabilities, then at the end of
the financial year all such debts are classified as losses but this does not
stop GPA from pursuing them.

Q: Were there any other payments made by Baba Jobe?
A: No, except for two.

Q: Was there any willingness from the first accused?
A: No.

End of evidence-in-chief of the witness.

Cross Examination of Mr. Samba By Ousman Sillah

Q: When did you become director of finance?
A: In December 1996.

Q: Are you an accountant by profession?
A: Yes.

Q: When did you qualify to be an accountant?
A: 1992.

Q: Where did you work since then?
A: Nowhere except GPA.

Q: Where did you get qualified?
A: UK.

Q: When did you resume?
A: 1993.

Q: When you resumed what was your position?
A: Management accountant.

Q: When did you become finance director?
A: December 1996.

Q: Were you aware of any rice being imported into this country by the AFPRC
during the two year transition?
A: No.

Q: You are not aware that this government had been ordering rice into this
country?
A: No.

Q: Are you a member of the GPA board?

A: No.

Q: Have you ever been a member?
A: No.

Q: Have you ever sent any of your correspondence to the board that were sent
to the office of the SG, office of the president, departments of state for
works and finance?

A: No.

Q: Do you know the month this letters were sent?
A: I can’t remember.

Q: Do you know the day or date?
A: No.

Q: Shown Exhibits A, C, D, E and M and asked to look at them and tell the
court who wrote them?

A: The GPA.

Q: They are sent to the Secretary General, Office of the President,
Department of State for Finance, YDE and copied to Baba Jobe.

Q: Do you have any other correspondence(s) prior to the 5th August 2003
addressing the debt issue of YDE?
A: I can’t tell.

Q: Are there any other letter or letters from GPA on the debt of YDE
addressed to the SG, departments of finance and works predating 5/8/03?
A: I do not think so.

Q: Did you tell the court that you know the accused persons in the dock?
A: Yes.

Q: Who are they?
A: Mr. Baba Jobe but failed to say the name of Baba Kanteh but as MD of YDE.

Q: So you do not know all the accused persons?
A: You know, I only met the second accused person once.

Q: Is it true that you rely on the manifest to prepare your invoices?
A: No, we use the actual and the manifest.

Q: Does the GPA see the bill of lading?
A: No.

Q: Have you ever seen any manifest in the name of Baba Jobe?
A: I can’t tell since I do not deal with manifest.

Q: Shown Exhibits J and K, the way book and the log sheet book and asked:
Did you certify the copies?

A: Yes.

Q: And did you certify them purposely for this case?
A: Yes.

Q: What date did you certify them?
A: I do not remember.

Q: Do you have other credit customers?
A: Yes.

Q: Do you know what it means by a limited liability?
A: It determines the shares.

Q: Do you know that it means more than that?
A: I do not.

Q: During your studies as an accountant, did you do company law?
A: Yes.

Q: Does your list of credit customers include the name of Baba Jobe?

A: No.

Q: Did you address all the invoices to YDE?
A: Yes.

Q: Would you agree that it was your former MD who instructed you to open an
account for Baba Jobe.

A: Yes.

Q: Did you tell the police that between 2001-03 that the first accused
brought in shipment of goods and did not pay to the tune of D26,165,000.33?

A: Yes.

Q: Who runs the ferries now?
A: GPA.

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