Businesses Escape White Paper

21^st December 2020.

The Anti-Corruption Commissioner

Gloucester Street,

Freetown.

Dear Sir,

RE: REPORT ON BUSINESSES NAMED IN THE WHITE PAPPERS OF THE COMMISSIONS OF INQUIRY

We, write to you, in anonymity and confidentiality, in respect of the subject matter. After the publications of the White Papers based on the findings of the Commissions of Inquiry, the National Public Procurement Authority published in a Public Notice Circular 09-2020 (enclosed) names of business which have been ordered to refund certain sums of money to the government of Sierra Leone. As a whistle-blower, we set out to work, on just the companies who are found wanting for over USD20,000 i.e. Le. 200,000,000.00 to find out whether they are still in existence and who are their owners/shareholders. Below are our findings:

1. KINGDOM LOGISTICS: our search at the Corporate Affairs Registry revealed no records for this company.
2. SMRT Co. Ltd:

• This company was registered in 2011 with NADER SHARARA and HISHAM MACKIE as equal shareholders/owners.
• This company owns 80% shares in the SMRT PROJECTS AND ENERGY SOLUTIONS (SL) LTD.
• Our findings reveal that the SMRT PROJECTS AND ENERGY SOLUTIONS (SL) LTD has a pending contract for the supply of solar electricity with the government of Sierra Leone.
• In April 2011, in pre-emption of the findings of the Commission of Inquiry, NADER SHARARA who is one of the owners of SMRT Co. Ltd, took over the entire (100%) shares of SMRT PROJECTS AND ENERGY SOLUTIONS (SL) LTD.
• Our findings reveal that both SMRT Co. Ltd and SMRT PROJECTS AND ENERGY SOLUTIONS (SL) LTD are owned by the same person(s) and that they are now seeking to do business with government under SMRT PROJECTS AND ENERGY SOLUTIONS (SL) Ltd because SMRT Co. Ltd has been found wanting by the Commission of Inquiry.
• Our legal advisor informed us that NADER SHARARA is only seeking to beat the system by hiding under a corporate veil but that in this case (of fraud and public policy consideration) the corporate veil should be lifted to know those who are behind the companies.
• We have been told that the SMRT PROJECTS AND ENERGY SOLUTIONS (SL) LTD negotiated a 10MW Solar Energy Project with the Public Private Partnership Unit of the Office of Vice President. That certain officials are surreptitiously trying to proceed with the signing of the contract despite the SMRT company being the subject of an adverse findings and have been banned by the NPPA.
• We are informed that the SMRT Company are putting the Ministry of Energy on pressure to proceed with their contract notwithstanding that SMRT Co. Ltd including its Special Purpose Vehicle—SPV (SMRT PROJECTS AND ENERGY SOLUTIONS (SL) LTD) have been ordered to refund the sum of Three Million United States Dollars to the Government and people of Sierra Leone.
• We are also informed that certain payments pending to SMRT Co. Ltd at the Ministry of Finance are being processed under the name of SMRT PROJECTS AND ENERGY SOLUTIONS (SL) LTD in order to escape the restriction placed on the SMRT Co. Ltd by the NPPA.

3. SPLASH MOBILE COMMUNICATIONS: our search at the Corporate Affairs Registry revealed that this company was incorporated on 6^th October 2008 with Sheka M. Forna and George B. Farren as equal shareholders. There’s has been no change in its ownership.
4. AFRICAN SUNSHINE CO. Ltd: our search at the Corporate Affairs Registry revealed no records for this company.
5. CLUB TOURISM AND ENTERTAINMENT Ltd: our search at the Corporate Affairs Registry revealed that this company was incorporated on 31^st October 2010 with Herbert M’Cleod and Franklyn B. Kargbo as equal shareholders. There’s has been no change in its ownership.
6. WEST AFRICAN TRADING CO. Ltd: our search at the Corporate Affairs Registry revealed that this company was incorporated on 8^th September 2017 with Jin Dafu 60%; Edmon Lavalie 20%; Ivan Kadulin 10% and Roman Shvetskiy 10%. There’s has been no change in its ownership.
7. MASADA WASTE MANAGEMENT CO. Ltd: our search at the Corporate Affairs Registry revealed that this company was incorporated on 12^th September 2013 with Aminata B. Dumbuya 15% and Gibril D. Wilson 85%. There’s has been no change in its ownership.
8. GROUP DELTA LOG Ltd: our search at the Corporate Affairs Registry revealed no records for this company.
9. TS and Co. Ltd: our search at the Corporate Affairs Registry revealed no records for this company.
10. SOGEFEL SARL: our search at the Corporate Affairs Registry revealed that this company was incorporated on 5^th October 2016 with Elhaj S. Kake as sole owner. There’s has been no change in its ownership.
11. CAPITAL INFRASTRUCTURE PARTNERS: our search at the Corporate Affairs Registry revealed that this company was incorporated on 30^th January 2013 with Sisto Andama 28%; Joel Aita 26%; Dennis Aliga 26%; Abdul Sesay 20%. The name of the company was changed on 16^th December 2013.
12. BARROWS CONSTRUCTION LTD: our search at the Corporate Affairs Registry revealed no records for this company.
13. POLYTECHNOLOGIES INC. our search at the Corporate Affairs Registry revealed no records for this company.
14. DAVIS AND DAN: our search at the Corporate Affairs Registry revealed no records for this company.

In view of the above findings, we call on your good leadership of the Anti-Corruption Commission to go after the persons behind these companies who have defrauded the people of Sierra Leone by hiding under corporate entities. We have no doubt in your leadership posture against corruption and businesses should not be left out in that fight.

As for the SMRT Co. Ltd who are seeking to change their ownership in order to continue to do business with the government of Sierra Leone, we call on your Commission to immediately institute investigation in this matter in order to prevent another huge loss to the country. If they cannot refund the sum of USD3,000,000 (Three Million US Dollars), why would they be treated as a trusted business. They are abusing the process in order to defraud again the people of Sierra Leone.

We have been informed that most of the other companies are subject matters of the restriction by the NPPA, are in the process of resuming commercial transactions with the Ministry of Finance. We have been told that they are currently processing payments for MASADA WASTE MANAGEMENT CO. Ltd and WEST AFRICAN TRADING LIMITED for certain transactions despite the current ban on these companies. We are worried if not halted, these companies would continue to do business despite the findings and recommendations of the Commissions of Inquiry.

We have contacted credible journalists in the country and they have assured us that they are monitoring this story. We hope we would not be disappointed as you have shown so far your commitment towards minimizing corruption in our nation. May God continue to bless and guide you always.

Yours faithfully,

……………………………………..

Concerned Sierra Leoneans

Cc: The Attorney General, Minister of Justice;

The Minister of Finance;

The Minister of Energy;

The Chief Executive, National Public Procurement Authority;

The Director, Public Private Partnership Unit.