By Nicholas Bass
Lawyer Omar D. Sambou on Thursday moved a motion of over three hundred million Dalasi (300,000,000.00) suit filed against Access Bank Gambia Limited and a Dubai based company, APOGEE FZC at Banjul High Court.
In a heated tussle on the legality of the addition of Gambia Revenue Authority (GRA) as an applicant among lawyers before Justice Ebrima Jaiteh, lawyer Sambouappearing for Creed Energy Limited applied for GRA to be added as the second applicant in the suit of D339,963,424,01 filed against Access Bank Gambia Limited and APOGEE FZC.
Lawyer Sambou said that if GRA is added as the second applicant in the suit against Access Bank Gambia Limited and APOGEE FZC the State will recover its tax from Access Bank.
He adduced that despite his client’s interest may differ from the monetary claim of GRA it is lawful for the state to recover unpaid tax from Access Bank Gambia Limited, noting that his client is liable to pay tax to Access Bank Gambia Limited.
But Justice Jaiteh pointed out that if any of the parties involved in the suit defaults in paying their tax, GRA can go after them to pay tax.
However, defense lead lawyer Amie N.D. Bensoudaappearing for APOGEE FZE vehemently opposed lawyer Sambou’s application, noting that it was premature for GRA to be added as second applicant in the suit.
Defense lawyer Bensouda pointed out that there might be conflict of interest between Creed Energy Limited and GRA, noting that the state might suffer loss if GRA is added to the suit. She also said that lawyer Sambou failed to seek notice for the recovery of funds in his affidavit.Lawyer Bensouda argued that Creed Energy Limited ought to have sued Access Bank Gambia Limited.
For his part, Lawyer CE Mene appearing for Access Bank ltd in his objection to lawyer Sambou’s application raised similar objections to Lawyer Bensouda’s applications and noted that lawyer Sambou’s affidavit in support of his argument was in error.
Meanwhile, according to the affidavit filed by lawyer Sambou before the court revealed that Creed Energy Limited was incorporated on 7 May 2021 and commenced trading in petroleum products in May 2023 pursuant to contract with APOGEE FZC based in Dubai.
Paragraph 11(a) of the affidavit in support of the motionclaimed that Access Bank Gambia Limited has received instruction from APOGEE FZC to move the funds from Creed Energy Limited to account bearing account number 0010110000555 to Gambia Ultimate Beige Logistics Limited.
It can be recalled that Creed Energy Limited on 23 November 2023 seek for an interlocutory injunction restraining Access Bank Gambia Limited and its directors ,officers, agents, servants, trustees , subsidiaries ,sister companies , related companies or otherwise any person natural or artificial within and outside The Gambia from giving access , allowing withdrawal , transfer of the sum of D339,963,424.01 to be transferred or credited into the account of Gambia Ultimate -Beige Logistics Company Limited .
The suit also reveals that such transfer should not be made to any person, natural or artificial or honoring any instructions, demand or request to do or carry out any transaction in respect of or touching the said funds pending the hearing and determination of the substantive suit.