Confiscation, Fines, Banned from Holding Public Offices
By: Mohamed M. Sesay
The number of indicted public officials appealing their charges based on the recommendation of the government White Paper is now eighty five, but the Principal consultant in the Office of the Attorney General Lahai Momoh Farmah has stated that a range of penalties including barring them from holding public offices and fines among other things are liabilities for those found guilty.
“Away from the general law, let’s come to the law of the Commission of Inquiry which provides that white paper recommendations are appealable as matter of right. When you win your appeal, you will be free from liabilities. But if you lose, you will pay our Principal money plus interest and we also pushing a ban on holding public offices.”
Farmah made the disclosure at a press briefing held at the Ministry of Information and Communications’ Conference Hall where journalists were apprised about development relative to the implementation of the government’s whitepaper published by His Excellency President Julius Maada Bio on the 24th September 2020.
He said: “we have exhausted twenty of the orders in the whitepaper ranging from confiscation of properties including lands with buildings or lands without buildings.”
He added that fifteen rulings have been delivered which they are now working to input into the Gazette.
The White Paper declared t hundred and thirty-six persons of interest to refund to the state, monies that were acquired unlawfully by former state actors.
It has been revealed that there is progress recorded in the recovery of funds and assets based on the White Paper recommendation.
He encouraged persons of interest who misappropriated public funds to go and pay voluntarily rather than being forced. He seized the opportunity to reiterate that there is an established recovery account where all stolen monies must be repaid.
The Principal Legal Consultant also stated that in the event the monies in the accounts of persons of interest are insufficient and not commensurate to what might have embezzled from the state, their personal properties including houses which were not named in the white paper for confiscation, would be confiscated and sold in order to recovery the monies indicated in the white paper.
Mr Farmah alleged that most of the persons of interest have placed those monies in a coffin, kept in a grave pretending that it was their relatives who have died, adding that the new normal of hiding monies into grave by persons of interest led to the economic instability during the festive period.
He assured that they would use the last weapon within the confines of law to recoup those stolen monies.
He said: “we have obtained the orders of confiscation and are now on a recovery process and details of proceedings would be ready for publication shortly. He also promised to reply to those eight-five appeals towards the end of January 2021.
On his part, the Minister of Information and Communications Mohamed Rado Swarray mentioned that since President Bio’s government is anchored on transparency and accountability, publication of names of all those persons of interest who have complied and refunded to the state monies misappropriated is a matter of must.
He added that the three Commissions of Inquiry were held in an open court with live media coverage to attest to the transparency and accountability consideration.
