By Arret Jatta
Following government’s dismissal of the recommendations of the National Assembly Joint Committee which investigated the $30 million Russian oil scandal, the committee’s Subject Matter Specialists, SMS, who served as advisers in the committee have presented a report outlining the legal opinion on the matter.
According to the report, legal opinion was sought on the constitutional mandate of the National Assembly, the powers of the Executive versus those of the Assembly among others, as related to the Russian oil scandal.
Background
On July 26, 2025, the joint committee presented a report of their findings and recommendations following months of investigations into the suspicious illegal importation of oil from a Russian ship, resulting in alleged tax evasion, bribery and regulatory lapses. The committee’s report was adopted by the Assembly with recommendations made for punitive actions against two ministers and other government officials for their roles in the affair.
However, the government through the Minister of Finance and Economic Affairs Seedy Keita, dismissed the recommendations arguing that the most serious allegations of bribery, tax evasion and money laundering could not be proven.
However at its review meeting yesterday, the Assembly committee members singled out The Central Bank of The Gambia for praise, for being the only institution that has implemented their recommendations by imposing a fine on Eco- bank and Access bank, the two banks adversely mentioned by the findings into the scandal.
SMS report
The Subject Matter Specialists’ report explained that the National Assembly under Section 109(d) of the Constitution, has powers to investigate or inquire into the activities of Government and the conduct of its officers and to exercise such other oversight functions as may be prescribed by an Act of the National Assembly. “This means the Assembly has clear authority to conduct investigations into public matters, including alleged illegal importation of petroleum,” the SMS report stated.
It also highlighted that the National Assembly holds the power of oversight, and once it adopts a resolution on an investigation, the executive branch cannot legally override it.
“While the National Assembly cannot directly prosecute or enforce penalties, it can recommend actions, which the executive is constitutionally bound to consider. If the executive doesn’t comply, the Assembly can censure or remove ministers, withhold budget approvals, or hold ministers in contempt,” the report stated.
In conclusion, the report stated that the Executive cannot legally override the decisions of the Assembly’s investigation once adopted by the full National Assembly. “However since the Executive controls implementation (prosecutions, enforcement, policy), in practice it can dilute or delay the effect. But if the Executive refuses to act, the Assembly’s recourse is a political measure, that is to censure, refuse to pass budget estimates, questions ministers or initiate their removal and, in extreme cases, refer the matter for judicial review,” the SMS report said.
It said in the case of the Russian oil saga, the Assembly committee has exposed alleged illegal importation, tax evasion and regulatory lapses.
“The committee’s report has been adopted and the Executive is constitutionally bound to respect and act on it . The Executive cannot override the Assembly’s findings. It can choose to delay, frustrate or under implement them which would then become a political accountability issue , not strictly a legal override,” the SMS report stated.
