By Tabora Bojang
A former permanent secretary at the ministry petroleum Amie Njie has told the National Assembly joint committee investigating a $30 million Russian oil deal scandal that she was not part of the conceptualisation of a government policy issued by her ministry allowing international traders to bring petroleum products and deposit them at the national storage depot.
According to evidence before the committee, this policy which came into effect on 30 October 2023, was contained in a letter signed by former minister of energy and petroleum Abdou Jobe, who is now the minister of tourism and culture.
The enquiry is, among other things, investigating whether this policy was designed to legitimise the operation of the companies selling the fuel from a Russian ship.
The new policy not only allow international traders to bring petroleum products, store it at the depot and discuss with buyers, but also provided that sellers of petroleum products have the right to decide on the method and location (local or foreign bank account) the buyer of the products should settle invoices.
The new policy also stated that a trader with “stocks at the depot can choose to instruct a buyer to pay an invoice into a foreign bank account as per agreed commercial terms.
It further justified that considering Gambia’s position as an importer of refined petroleum products from international markets, government is “cognisant that the funds must be repatriated to the seller’s foreign account to enable them continue to procure the petroleum products to ensure continuity for the Gambian market and for re-export to the neighboring countries.”
When confronted on these provisions contained in the policy, former PS Njie agreed that most of them are “operational and regulatory” matters and not the responsibility of the ministry of petroleum.
Asked to furnish the committee as to when this policy was conceptualized and what informed its formulation, PS Njie, who is now redeployed to the ministry of information replied: “This document was prepared by the minister and all I was given was a draft copy which was sent to me by email for me to go through”.
Asked if it is normal that a government policy would be conceptualised at ministerial level without the knowledge of a permanent secretary, the witness responded that under normal circumstances it should not happen.”
“But my key role as permanent secretary is to advise when it is sought. I will not be able to give advice if my advice is not sought,” she explained.
Asked if she knew whether the policy was submitted to cabinet for approval, PS Njie said she is not aware.
“In most cases I will prepare the draft and give it to the minister to look at before it is submitted to cabinet for approval but as far as this one is concerned, I will call it a guideline. I cannot call it policy as I have not seen any cabinet conclusion on it,” PS Njie said.
The witness was asked by enquiry committee member Hon Kebba Long Fofana what she thinks about the suggestion that this policy was meant to facilitate payments to Apogee by oil marketing companies as well as to facilitate the shipment of their petroleum proceeds outside Gambia and legitimise the illegal operations of Creed Energy and Ultimate Biege Logistics.
She replied: “This is your opinion”. When Hon Fofana went on to challenge the witness to prove his suggestions wrong, PS Njie explained that there have been a number of regulations such as the petroleum products importation regulation, petroleum products storage regulations which have gone through normal procedures and are already gazetted. “So, I don’t think this policy should supersede those regulations which stated the terms and conditions under which one can operate in this country,” she said.
She also informed the lawmakers that she does not believe this policy alone could have tied regulator Pura’s hands not to take up their regulatory functions to enforce its fines against Ultimate Beige Logistic.
