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News
Customs say YDE wanted a D13.5M waiver
By PK Jarju
Jan 20, 2004, 10:41



A senior Customs collector in charge of valuation, Malamin ‘Tonji’ Sanyang,
has told the High Court that Baba Jobe had applied for a duty waiver of
D13,534,176.58 being the indicative value of some of his imports.

Testifying before Justice MA Paul yesterday, Mr Sanyang who is the fifth
prosecution witness called, said Mr Jobe who claimed in a letter dated
August 12 and 14, 2003 respectively, to be the managing director of Youth
Development Enterprise (YDE), had applied for a duty waiver for some of his
imports. According to him, the letter requested a waiver for 18,000 tons of
rice and for 5,000 tons of sugar costing D8,957,882.06 and D3,207,744.38
respectively.

Mr Sanyang further added that Mr Jobe had also requested for a duty waiver
for 50 containers of cooking oil costing D1,368,550.06 which represents a
total indicative value of D13,534,176.58 after assessment.

He noted that the Customs & Excise department however declined to accept Mr
Jobe’s proposals. Mr Sanyang who claimed to have been a Customs officer for
23 years, said his department was in transaction with the YDE since 2001.
He added that throughout the period, he could not remember ever seeing the
YDE effecting any payment with regard to its shipments which accumulated to
a total of D73,933,08.5.63. He added that as the YDE was accorded a direct
delivery status, its imports were not subjected to stiff examination by the
officers responsible.

He added that the YDE was accorded a direct delivery status after lodging a
Trust Bank Ltd cheque and an empty Guaranty Trust Bank cheque with no
figure, date, payee and other financial information with the then managing
director of Customs as collateral for the direct delivery.

Mr Sanyang who admitted having no direct or personal dealings with Baba
Jobe and Baba Kanteh, said the YDE has never submitted its invoices with
respect to all the importations of goods it made into the country. He
disclosed that during a meeting with two senior YDE officials, Buba Baldeh
and Buba Senghore, they communicated their first assessment figures of
D65million. He added that the two YDE officials never disputed the figures
and promised to return with invoices and other supporting documents with
respect to their imports which they didn’t do.

Mr Sanyang disclosed that a company named Rustal Trading Ltd had approached
them to settle a consignment of rice which was imported into the country by
Global Trading on behalf of YDE. He added that after discussions, Rustal
agreed to pay on condition that the receipts to be drawn on its name.
According to Sanyang, he advised Rustal to instruct the YDE to write a
letter giving them clearance to do so. This he said, was done on Dec 27,
2003 but he said Rustal is yet to effect the payment. He said the YDE will
continue to remain in liability until the full payment is effected by
Rustal.

During cross-examination by Lamin Jobarteh, one of the counsel for the
accused, Mr Sanyang who claimed to be an evaluation officer for 11 years,
denied that their assessment of duty and direct deliveries procedure were
contradictory to the recommendations set by the commission of inquiry on
Customs & Excise. He added that the blank Guaranty Trust Bank cheque lodged
by the YDE cannot be accepted as collateral pending the completion of the
Single Administrative Document (SAD).

Mr Sanyang who denied being among the Customs & Excise officers who
designed the functions of the Customs task force set up to collect duties
from defaulters, clarified that all his transactions were with the YDE and
not Baba Jobe and Baba Kanteh. The trial continues today and Mr Sanyang is
expected to be further cross-examined by the other defence lawyers.

© Copyright 2003 by Observer Company

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