By: Mama A. Touray
The Secretary General and party leader of the United Democratic Party, Lawyer Ousainou Darboe, remarked in a recent interview on Eye Africa TV that the ongoing Local Government Commission of Inquiry does not appear to be a fact-finding panel.
The Local Government Commission of Inquiry was established to conduct a full and impartial investigation into the administrative and financial operations of local councils between May 2018 and January 2023, with a view to enhancing transparency and accountability.
While sharing his views on the commission, Darboe stated, “I cannot give the commission any description, but as a lawyer, I would say the commission does not appear to be a fact-finding panel. In a commission of inquiry, you don’t cross-examine people as if they are accused. You don’t tell them, ‘This is what you have said,’ or use foul words like ‘you are lying.’”
He added that, as a witness, one should not be told, “you are lying.” Instead, he explained, it’s typically another party’s witness that might be questioned in that way. He said this approach suggests that certain activities are happening behind the scenes, which is why he feels “it’s not a fact-finding commission.”
“The commission was set up to explore things that were happening at the council. I cannot say this is the evidence because they are the ones holding the evidence, but I thank Allah that I have not heard anything about Rohey Malick Lowe and Talib that would make me unable to hold my head high. In fact, with Talib Ahmed Bensouda, I see that they are doing things that they are not asked to do,” he added.
Darboe emphasized that the commission was meant to investigate council activities from 2018 to 2023, questioning why 2024 activities are being examined when the focus should have ended in 2023, saying, “that has dirtied the mind.”
“The chairperson and the lead counsel are lawyers, so let them conduct the investigation as a fact-finding commission. They shouldn’t be prosecutorial. It does appear that some of the things they are doing are prosecutorial rather than fact-finding, and that, to me as a lawyer, is not right. Otherwise, I don’t want to make any politically charged statements, but let them do their work,” he urged.
Meanwhile, Darboe also commented on an audit report that flagged the Independent Electoral Commission (IEC), saying, “The IEC audit report shocks me. Something around the sum of D3 million went into the personal accounts of the returning officers.”
He continued, “We are working on our statement, and it will come out at the appropriate time, but it shocks me. I am sure if it were the Mbalit project that collected D6 million and paid D3 million into the personal account of Talib Ahmed Bensouda, the sky might fall,” he laughed.