The Office of the Special Prosecutor (OSP) has tendered an apology to the High Court in Accra for its inability to comply with the Court’s directive to file disclosure documents in the case involving Agyenim Boateng Adjei, the former Chief Executive Officer (CEO) of the Public Procurement Authority (PPA).
This was disclosed by the principal prosecutor, Adelaide Kobiri Woode, when the case was called on Tuesday, May 14.
Justice Mrs. Marie-Louise Simmons, the presiding judge of the Criminal Court (2), had ordered the prosecution to file their disclosures before the May 14 court sitting for the case management conference.
However, the prosecution failed to meet the deadline, citing the bulky nature of their processes.
The former CEO of PPA has been charged with eight fresh counts, comprising four counts each of using public office for profit and directly and indirectly influencing the public procurement process through his office. He pleaded not guilty to all the charges.
Justice Simmons has adjourned the case to May 23 for the Case Management Conference to be conducted. The accused person and his lawyers were present in court.
The former CEO of PPA was granted bail in the sum of GHC4 million, with two sureties, who must be justified with landed properties. The sureties must also produce copies of their Ghana cards to the registrar.
The OSP has alleged that the former CEO of PPA used his public office for profit and influenced the procurement process to obtain an unfair advantage in the award of contracts to Talent Discovery Limited, a company he incorporated and was the majority shareholder and director.
According to the brief facts of the case, the evidence will establish that the accused was at all material times the Chief Executive of the Public Procurement Authority, a member of the Governing Board of the Public Procurement Authority, and a member of the Due Diligence Unit of the Public Procurement Authority by virtue of his position as the Chief Executive.
The OSP states that the accused and another person incorporated Talent Discovery Limited in Ghana as a company limited by shares on June 19, 2017, three months after the accused was appointed as Chief Executive of the Public Procurement Authority. At all material times, the accused was the majority shareholder and a director of Talent Discovery Limited.
Talent Discovery Limited, during the tenure of the accused as the Chief Executive, a member of the Governing Board, and a member of the Due Diligence Unit of the Public Procurement Authority, participated in several restricted tenders in respect of public works contracts awarded by the Ministry of Works and Housing, the Ministry of Education, and the Ghana Ports and Harbours Authority.
The accused, in his capacity as the Chief Executive, a member of the Governing Board, and a member of the Due Diligence Unit of the Public Procurement Authority, conducted the procurement processes in respect of tenders for which Talent Discovery Limited was shortlisted, and he actively participated in the due diligence and decision-making processes leading to the selection of Talent Discovery Limited as the contractor in respect of the tenders without disclosing his personal interest as the majority shareholder and a director of the company.
The accused also used his position as the Chief Executive of the Public Procurement Authority to improperly alter the decision of the Governing Board of the Public Procurement Authority in respect of two Ministry of Education contracts in favor of Talent Discovery Limited, leading to the improper award of the contracts to Talent Discovery Limited.
The accused benefited personally and financially through the use of public office for profit and by influencing the public procurement process to obtain an unfair advantage in favor of Talent Discovery Limited, in which he had a financial interest as the majority shareholder.
After investigations, the accused was duly charged with the offenses on the charge sheet.
