The Edward Francis Small Centre for Rights and Justice (EFSCRJ) has expressed deep concern over the recent takeover of the Banjul Port by the Turkish company Albayrak under a concession agreement with the Gambia Ports Authority (GPA), calling the deal illegal and detrimental to national interests.

“The Banjul Port is a vital national asset that should remain under state control if managed professionally and transparently,” EFSCRJ stated.

The organisation argues that the concession, which took effect on 14 February 2025, was never approved by the National Assembly.

“GPA is a statutory body created by an Act of the National Assembly in 1972, and there is no legal provision in the Act for such a concession,” EFSCRJ noted.

It also highlighted that The Gambia lacks a Public-Private Partnership (PPP) law and that the last national PPP policy expired in 2020, raising concerns about the legal framework for this agreement.

“In light of these facts, we ask on what legal basis does this port concession stand?” the organization questioned.

In October 2024, EFSCRJ requested access to the concession contract under The Gambia’s Access to Information Act 2021. However, GPA declined, citing a “condition precedent” in the contract.

“The GPA promised to publish the document on its website in January 2025, but as of now, that promise remains unfulfilled,” the organization pointed out, calling this a “direct violation” of the Access to Information Act.

The group is also raising concerns about the job security of GPA staff under the new management. The newly appointed port manager, Cem Öztürk, assured local media that all GPA employees would be transferred to the new entity, Alport Banjul, with their rights, salaries, and pensions intact.

However, EFSCRJ remains skeptical. “A concession or a merger must be based on clear agreements and laws to protect workers’ rights,” it asserted.

Another major issue is the ownership structure of Alport Banjul. According to Öztürk, Albayrak will hold 80% of shares, leaving The Gambia with just 20%.

“Who negotiated this arrangement, and why was such a significant national asset largely handed over to a foreign company?” EFSCRJ asked.

The organization is urging the National Assembly’s Public Enterprises Committee (PEC) to intervene and reverse the concession, ensuring that the port remains fully under state control.

“We call on PEC and the National Assembly to play their oversight role more effectively and hold GPA accountable,” EFSCRJ stated.

EFSCRJ also called on the State-Owned Enterprises (SOE) Commission to implement stricter oversight and governance measures to improve efficiency and curb corruption within public enterprises.

“Public enterprises are viable and can generate profits for the nation if properly managed,” the group emphasized.

Finally, the organization is appealing directly to President Adama Barrow. “We urge the president to immediately halt this concession agreement. It does not serve the national interest but rather rewards corruption and mismanagement,” EFSCRJ declared.

By Adama Makasuba