High court hears contested application in $30 million Russian fuel disclosure case

A contested hearing took place on 8th May before Justice Kwabeng of the High Court of The Gambia, Kanifing Annex in proceedings arising from matters connected to the findings of the National Assembly Special Committee investigation into the importation and sale of Russian fuel in The Gambia.

The proceedings concern an originating summons seeking declaratory relief and disclosure of certain records and materials reviewed during the parliamentary inquiry. The hearing followed interim disclosure and preservation orders previously granted by the court. Those orders are being challenged by the respondents and third parties, all of whom appeared through legal counsel seeking that the interim orders be discharged.

The Applicant, Ousman F M’Bai who appeared in person after travelling from the United Kingdom, opposed the applications and made submissions in support of the continuation of the disclosure and preservation orders. Ms Ngum of the Attorney General’s Chambers appeared on behalf of the state, while Ms Ida Drameh appeared for Ecobank Gambia Limited and Mrs Hawa Sisay-Sabally appeared for Gam Petroleum.

During the hearing, extensive submissions were made concerning issues of jurisdiction, constitutional interpretation, public interest standing, parliamentary proceedings, and the scope of the court’s powers in relation to disclosure orders involving public institutions. The court actively engaged the parties during the proceedings and heard detailed legal arguments from all sides. At the conclusion of the hearing, the judge reserved his ruling and indicated that a written judgment would be delivered. The proceedings concern matters which have generated significant public interest and discussion regarding transparency, accountability, and institutional oversight.

The proceedings arise from matters connected to the findings of the National Assembly Special Committee established to investigate the importation and sale of Russian fuel worth US$30m in The Gambia. The parliamentary enquiry examined issues relating to banking arrangements, regulatory oversight, corporate transactions, and the conduct of various public institutions and private entities connected to the transactions under investigation.

According to the publicly released report of the committee, concerns were raised regarding compliance with prudential banking requirements, customer due diligence obligations, transaction monitoring, regulatory oversight, and the actions or omissions of certain officials and institutions connected to the matters examined during the enquiry.

The originating summons seeks declaratory relief and disclosure of certain records and materials relating to matters reviewed by the parliamentary committee, including records connected to the conduct, oversight responsibilities, and decision-making processes of institutions and officials identified in the committee’s report.

The respondents and third parties named in the proceedings include public officials, state institutions, and corporate entities connected to matters examined during the parliamentary enquiry. The applicant Mr M’Bai states that the proceedings concern matters of public interest relating to transparency, accountability, institutional oversight, and access to records connected to the issues examined by the parliamentary committee.