Abdul Tejan-Cole
Commissioner of ACC
On 12th March 2010, Afsatu Olayinka Ebishola Kabba was charged alongside Paul Sandi, on 17 counts of corruption related offences by the Anti-Corruption Commission (ACC). Up until their indictments, Afsatu Kabba was Minister of Fisheries and Marine Resources, while Paul Sandi serves as Permanent Secretary of same. The Commission has alleged that Afsatu Kabba, being a public officer, solicited and accepted money as an advantage contrary to the provisions of the ACC Act 2008 in pursuance of her duties as public officer. Also she acted in concert with the Permanent Secretary together with other unknown persons to commit the alleged corrupt offences.
Afsatu stands charged with 5 counts of soliciting an advantage and 5 counts of accepting an advantage contrary to Section 28 (2)(a) of the Anti-Corruption Act No. 12 of 2008. She also stands charged with 5 counts of abuse of office contrary to Section 42 (1) and is jointly charged with Paul Sandi on 2 conspiracy counts to commit a corrupt offence contrary to Section 128(1) of the same Act. Below is a summary of the charges.
The first charge in the indictment is for soliciting an advantage contrary to Section 28(2)(a) of the Anti-Corruption Act 2008 which provides inter alia that it will be an offence for a public officer to solicit for himself without adequate lawful consideration, any advantage as an inducement to perform his public duties or reward for performing or abstaining from performing any
act in his capacity as a public officer.[1] It is alleged by the ACC that between June 2009 and October 2009, Afsatu Kabba, being a public officer serving as the Minister of Fisheries and Marine Resources asked for money which amounted to three thousand United States Dollars ($3,000) from Lilian Ade Lisk of Okeky fishing Agency as an inducement for the issuance of licenses for fishing boats operated by Lisk?s Okeky Fishing Agency.
Count 2 was for accepting money amounting to three thousand United States Dollars ($3,000) from Lilian Ade Lisk of Okeky Fishing Agency between June 2009 and October 2009, so she could issue license for fishing boats. The ACC alleged that Afsatu Kabba collected this money in the capacity as a public officer being the Minister of Fisheries and Marine Resources. The charge is brought under Section 28(2)(a) which provides inter alia that any public officer who accepts for himself any advantage as an inducement for performing any act in the capacity as a public officer commits an offence.[2]
Count 3 and 4 were for asking and accepting money from Lilian Lisk between June and October 2009 contrary to Section 28(2)(a). The Commission alleged that Afsatu Kabba requested and accepted money amounting to twelve thousand United States Dollars ($12,000) as an incentive to issue licenses for fishing boats belonging to Okeky Agency, a task which should be performed by the Minster of Fisheries and Marine Resources, who is supposed to be a public officer.
Counts 5 and 6 point to request made by Afsatu Kabba to Lilian Lisk for money as an incentive to also perform her public duties. It is alleged that between June 2009 and October 2009, Afsatu Kabba, being the Minister of Fisheries and Marine Resources and also a public officer, solicited money to the tune of ten thousand United States Dollars ($10,000) from Lilian Lisk of Okeky Agency in order to issue licenses for boat belonging to the said Agency. Similarly, counts 7 and 8 claimed that while serving as a public officer in the capacity of Minister of Fisheries and Marine Resources Afsatu Kabba took advantage of the opportunity to request and receive Five Million Leones (Le 5,000,000) from Lilian Lisk as an incentive to perform her public duty- the issuance of licenses for fishing boats. Counts 9 and 10 were also for obtaining money for the performance of a public duty. They were related to request made by Afsatu to Lilian between June and October 2009 for money amounting to three thousand United States Dollars ($3,000).
Count 11 pertains to Abuse of Office contrary to Section 42(1) of the Anti-Corruption Act 2008 which provides that any public officer who uses his office to improperly confer an advantage on himself or any other person commits an offence.[3] The Commission alleged that between October 2008 and March 2009, while the Minster of Energy and Water Resources and a Public Officer Afsatu Kabba abused her position. She did so by ordering the employment of Sorie Kabla as messenger in the Radiation Protection Board Secretariat, which is a unit of the Ministry and Water Resources, without him going through the recruitment process. Counts 14 also relates to abuse of office, noting that, between March and December 2009, Afsatu Kabba being the Minister of Fisheries and Marine Resources abused her office by ordering the employment of one Abdul Malik Jobe as Marine Protection Officer in the Fisheries Ministry without him going through the correct recruitment process. Counts 15 also points to the charge of abuse of office, alleging that between March and December 2009 Afsatu being the Minister of Fisheries and Marine
Resources ordered the employment of Abdul Wahid Kabba as Marine Protection Officer/Communication officer in the Ministry, without going through the right recruitment process.
Counts 16 and 17 relate to conspiracy; charging conspiracy to commit a corruption offence contrary to Section 128(1). The provision states that any attempt or conspiracy to commit a corruption offence or aiding, abetting, counseling, commanding or procuring the commission of a corruption offence shall be punishable as if the offence had been completed.4 Counts 16 alleges that between March and December 2009, Afsatu Kabba and Paul Sandi, with the latter serving in the capacity of Permanent Secretary of the Ministry of Fisheries and Marine Resources together with other unknown persons employed Abdul Wahid Kabba in the Ministry without going through the right recruitment procedure. Similarly, count 17 alleges that between the same date the accused persons together with other unknown persons, employed Abdul Malik in the Fisheries Ministry without going through the due recruitment process.
The erstwhile Minister and Permanent Secretary made their first appearances before Justice Nicholas Browne Mark on the 15th March 2010, where they pleaded not guilty to all counts. The matter has been adjourned for five weeks following the Prosecution?s application for an eight weeks adjournment to enable them prepare their case. Meanwhile, the Anti-Corruption Commission has presented a summary of their evidence to be adduced in court, to wit Lilian Ade Lisk, Franklin Campbell and Bashiru Konneh will serve as witnesses. Both accused persons were granted bail and the matter is to recommence on the 19th April 2010.
[1] See The Anti-Corruption Commission Act, 2008 Sec 28 (2)(a)
[2] Ibid
[3] See The Anti-Corruption Commission Act, 2008 Sec 42 (1)