In October 2024, Gambia police announced they were investigating officials of the Independent Electoral Commission over damning findings about the institution’s handling of its finances uncovered by a special audit carried out by the National Audit Office. After a ten-month probe, a police report which The Republic is privy to — and currently on the desk of the attorney general awaiting legal advice — confirms nearly all allegations in the audit and recommended prosecution of the former IEC chairman for alleged corruption and abuse of office.
On 15 October 2024, The Gambia police announced an investigation into queries raised by the Auditor General regarding the Independent Electoral Commission. The auditors uncovered that the IEC has transferred over 301,000,000 dalasis into the private bank accounts of the returning officers for election-related expenses.
According to the auditors, IEC refused to comply in providing bank statements from the officers to determine how the money was expensed, prompting the intervention of the police. Information Minister Dr Ismaila Ceesay confirmed to VERIFIED that the police investigation report has been submitted to the AG’s Chambers and Ministry of Justice for legal advice.
The Republic is privy to the findings of the ten-month investigations which recommend prosecution of the former chairman of the Independent Electoral Commission, Alieu Momarr Njai, for alleged corruption and abuse of office. The police also recommend prosecution of finance director Anthony Robert Secka for negligence of official duties and abuse of office.
Njai retired earlier this year after overseeing two electoral cycles since becoming chairman in April 2016. The 91-year-old was replaced by his deputy Joseph Colley.
Audit findings
The special audit was conducted into the IEC’s expenditure on elections and revenue generated from party registration and nomination fees for the period 1st January 2020 to 31st December 2023.
The auditors made a series of queries, including the IEC’s failure to remit revenues collected to the Consolidated Fund, overpaying a contractor for election materials, suspected fraudulent payment of allowances, and unretired funds relating to election expenses.
The auditors also stated that the finance director failed to review the retirement documents submitted by the returning officers after the electoral cycle.
Why only Njai and Robert?
Former president Yahya Jammeh appointed Alieu Momarr Njai as chairman of the Independent Electoral Commission in April 2016, eight months before Njai presided over a historic presidential election in The Gambia which saw Jammeh lose to Adama Barrow.
Defiant in the midst of terror, Njai resisted threats on election night to announce Jammeh’s defeat. He became an instant hero who was celebrated for not only his impartiality but courage to continue declaring results even when Jammeh’s fall was apparent.
However, as old age crept in and alleged electoral malpractices in the 2021 high-stakes polls which saw President Barrow retain the seat against political godfather Ousainu Darboe, Njai faced persistent calls to retire.
The special audit exercise uncovered that the IEC chairman authorized the payment of nearly D16,000,000 as various allowances to its staff.
The payments were made in the form of three months gross salary incentive, nomination, supervision and monitoring allowances, and motivation token. The police investigators confirmed the audit queries as factual, establishing that the payments were made to all commission members and staff for the electoral cycle.
The investigators accessed letters from the chief election officer, Samboujang Njie, seeking approval from the chairman for the allowances to be paid. Samboujang told the investigators that his request was made based on a “popular demand and request from commission members and majority of staff of the IEC as it was paid in the 2016 electoral cycle.”
Like the National Audit Office, police reiterated the payments are not covered within the Electoral Service Code 2018 and therefore unlawful.
“As such, it is the belief of the panel that the act and conduct of the chairman for approving payments that he knew at the time was unconstitutional and continued to do so might tantamount to official corruption section 86(a, b) of the Criminal Code, Cap10:01, Volume III,” the police said.
“It is evident that the IEC chairman is a public official and being in charge of IEC, his act of approving payment that he knew at the time was unconstitutional but corruptly approved payments for himself and the staff is an offence.
Furthermore, his act of approving payments he knew was unconstitutional but was done purposely to gain a benefit can be classified as an offence of Abuse of office contrary to section 90(2) of the Criminal Code, Cap10:01, volume III.”
However, despite holding Njai culpable for authorizing the alleged fraudulent payment of allowances to staff, police have failed to recommend the funds be returned.
For Secka, police recommend his prosecution for transferring D301,323,850 of the election expenses funds to the private bank accounts of returning officers.
He is one of the longest serving staff of the IEC, having joined the electoral body in 2003.
The police argued that Secka violated Financial Regulations 2016 which forbids any payment of public funds, aside from his lawful entitlements, into a private bank account.
The finance director transferred D100,961,440 to himself for the West Coast Region expenses, the single largest amount received.
The transfers are:
Anthony R. Secka, West Coast: D100,961,440
Ahmadou Taal, Janjanbureh: D42,047,728
Joseph Colley, Kanifing: D53,666,235t
Lamin Cham, Basse: D37,769,256
Lamin Jadama, Mansakonko: D20,856,215
Sulayman Joof, Banjul: D9,341,045
Essa Baldeh, Kerewan: D18,359,903
Haddy Sedat Jobe, Kerewan: D18,322,028
On 10 June 2025, President Barrow appointed Joseph Colley as the new IEC chairman. As a returning officer during the past electoral cycle from 2021 to 2023, Colley received D53,666,235 into his private bank account for election expenses in the Kanifing administrative area.
He told the police he returned the remainder of the funds to the commission after the conclusion of the electoral cycle.
“All these monies were judiciously managed and I returned the sum of D256,572.00 to the commission’s bank account after all the exercises,” he said in his witness statement.
Colley said he enclosed vouchers, receipts and other necessary documents in the witness statement. The Republic was however not privy to these documents.
Overpayment to contractor
In the build-up to the last electoral cycle, four companies competed for the IEC election material contract. ESI, a Canadian company, Dermalog, a German company, Ekemp International, a Chinese company and Smart Business Group, a Gambian company.
The IEC reportedly chose ESI against GPPA’s initial suggestion Dermalog, which threatened legal actions against the electoral commission.
One of the serious queries the auditors raised was that the electoral body overpaid ESI by nearly $100,000.
Police investigations confirmed through bank statements that the amount paid by IEC to ESI for the contract was more than the actual amount stated in the contract. The initial contract, signed between IEC and ESI, was worth $2,995,000. Police also found another payment of $96,633 to ESI for the purchase of indelible ink outside the contract without documentary justification.
Aside from a proforma invoice and a payment instruction, there was nothing to justify the payment for ink, police said. However, the investigators did not recommend for the money to be refunded.
More findings
The police also established that the IEC failed to obtain approval from the Minister of Finance for the opening of a commercial bank account in violation of Financial Regulations 2016. The electoral body equally failed to remit revenues collected to the consolidated revenue fund.
The finance director, Secka, was described as negligent for the missing receipts of amounts emanating from party registration, bidding documents and nomination fees.
“The panel opined that it was negligent on the side of the Finance Director in making sure all monies paid to IEC account are received for accountability and transparency. Therefore, the finance director is culpable for neglect of official duties contrary to section 113 of the Criminal Code Cap 10:01, Volume III,” police said.
The electoral body was also found culpable in single-sourcing procurement of ballot drums to the President’s International Award in violation of GPPA Regulations.
It is not clear if the government will uphold these police recommendations as the Justice Ministry reviews the report.
If the government of The Gambia is up to serious fight against corruption and office misuse, here’s the chance to set record