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GAMBIA: FORMER PS OF MINISTRY OF PETROLEUM TESTIFIES ON FUEL SAGA INVESTIGATIONS

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Former Permanent Secretary Amie Njie of the Ministry of Petroleum and Energy testified before the Joint Committee on Finance and Public Accounts Committee (FPAC) and the Public Enterprises Committee (PEC) of the National Assembly about the ongoing investigation into the thirty million US dollar ($30,000,000) worth of 36,953.614 metric tons of petroleum products.

Hon. Kebba Lang Fofana questioned PS Njie on her familiarity with Apogee during the parliamentary inquiry. PS Njie acknowledged having heard of the company and said that Jah Oil had complained to her ministry, claiming that GAM-Petroleum had treated them unfairly by turning down their request for 4,000–6,000 metric tons of petroleum.

She continued by saying that Jah Oil had expressed alarm over the fact that Apogee, an unlicensed foreign merchant, had received 80% of the ullage.

“And that they also mentioned in their submission that they were aware that space was given to an unlicensed player named Apogee; it was an international trader, and that Apogee received 80% of the Ullage,” the spokesperson said.

Hon. Fofana questioned PS Njie on the Ministry’s response to the complaint. Njie replied that as the matter was regulatory, they were waiting on PURA (Public Utilities Regulatory Authority) to provide a response. The Ministry followed up with PURA on the complaint’s status after not hearing anything for a few months.

We’ll give them some time and see if PURA responds to Jah Oil or GAM Petroleum because it’s a regulatory problem and they’ve been written to. Then, when we don’t hear back from PURA after a month or two, the Ministry writes to PURA to inquire about the progress made in responding to JAH Oil’s complaint,” he stated.

Hon. Fofana asked PURA if they had come to a decision on the issue. PS Njie retorted that they had not received any official information from PURA regarding the investigation’s conclusion prior to her transfer to the Ministry of Information.

Next, Hon. Fofana inquired as to PS Njie’s familiarity with Ultimate Beige Logistics and Creed Energy. In response, PS Njie stated that although she was not familiar with them directly, she was aware of their Ministry license.

Hon. Fofana went on to inquire if PS Njie was aware of a case in which PURA penalized two enterprises for selling petroleum products without the necessary licenses. PS Njie attested to their knowledge of this circumstance.

PS Njie made it clear that the Ministry was not in charge of enforcing the recovery of the D500,000 fines levied by PURA when questioned about their participation in that regard. She mentioned that policy issues were their main concern.

PS Njie was notified by Hon. Fofana that Ultimate Beige Logistics submitted a report to PURA on October 10, 2023, claiming to have complied with all applicable laws and referencing pertinent petroleum industry policies.

Honorable Fofana stated, “Ultimate Beige Logistics refused to pay the D500,000 fine to PURA after taking reference from that policy.”

PS Njie told the joint committee that she was not aware of Ultimate Beige Logistics’ failure to pay their penalties in response to Hon. Fofana’s statement. “This is the first time I’ve heard that they haven’t paid their fines,” she said. We have not received any official notification from PURA stating that these two enterprises have declined to adhere to the Ministry’s standards.

According to what Hon. Fofana told PS Njie, Apogee started selling petroleum in The Gambia in April or May of 2023. Ultimate Beige Logistics and Creed Energy were detained in June 2023 for dealing in petroleum products without the required authorization. On October 6, 2023, Ultimate Beige Logistics received a fine from PURA. On October 30, 2023, the Ministry subsequently published a policy document.

“Were you aware of this PS? A week later, Ultimate Beige Logistics wrote back to PURA, refusing to pay their fines.” The Honorable Fofana inquired. In response, the PS said she was unaware of that.

Hon. Fofana asked the Permanent Secretary (PS) if she was shocked that these things happened at the ministry while she was working there without her knowledge.

In response, the PS said that she didn’t know and that since PURA hadn’t sent out any official correspondence about the situation, it couldn’t be said that it had notified the ministry.

Hon. Fofana went on to question the PS about how she would react to the assertion that the policy was designed to make it easier for the OMCs to pay Apogee.

Additionally, it was intended to make the shipping of those petroleum earnings easier. Additionally, Hon. Fofana stated that it was intended to absolve Creed Energy and Ultimate Beige Logistics of all legal responsibility.

Hon. Fofana continued by requesting that PS Njie refute their arguments using the policy’s own merits.

“Disprove the claim that this policy was not needed for a specific purpose, but rather for the benefit of the larger public group,” he stated.

She stated that the Petroleum Act of 2016 is the act that comes before the policy. Furthermore, that act stipulates who is authorized to sell petroleum products in this nation.

Furthermore, I don’t believe that this policy should take precedence over these laws and rules, which explicitly outline the limits and circumstances that permit travel within this nation. I thus disagreed that PURA could not have been prevented from carrying out its regulatory duties as intended by this policy alone.

“It is my belief that the Ministry would not wish to cooperate in any manner to make it possible for a foreign corporation to come and take advantage of us and our resources, go with it. That, in my opinion, is a baseless charge made by the ministry,” the woman remarked.

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