OSP files fresh charges against former PPA boss, drops charge against brother-in-law

The Office of the Special Prosecutor (OSP) has filed fresh charges against the former Chief Executive Officer (CEO) of the Public Procurement Authority, (PPA), Adjenim Boateng Adjei.

The latest charge sheet filed on Wednesday, April 17, slapped eight charges on him which relate to the misuse of public office for personal gain.

The charge sheet which would be moved on April 22, however, dropped the charge of misusing public office for personal profit against his co-accused, Francis Kwaku, who happens to be his brother-in-law.

On Thursday, April 18, 2024, when the case was called, prosecutors from the OSP told the Criminal Division of the High Court in Accra, presided over by Justice Mary Maame Ekue Yanzuh that, the OSP has filed a fresh charge sheet.

The OSP explained that the latest charge sheet seeks a fresh start to the case rather than a continuation following the latest development.

The Court was informed that, the charge sheet filed earlier, which preferred some 17 charges against the former PPA boss, would be withdrawn.

The charge sheet preferred four counts each of using public office for profit, contrary to Section 179(a) of the Criminal Offences Act, 1960 (Act. 29), and indirectly influencing the procurement process to obtain an unfair advantage in the award of a procurement contract, contrary to Section 92(2)(b) of the Public Procurement Act 2003 (Act 663).

EIB Network’s Legal Affairs Correspondent, Murtala Inusah, who was in court reports that, both Adjenim-Boateng Adjei and his brother-in-law, Francis Kwaku, were present in court.

Mr Adjei’s plea would be taken on Monday, while his brother-in-law would be officially discharged same day.

Prior to today’s information, the former Chief Executive Officer of the Public Procurement Authority (PPA), Adjenim Boateng Adjei, was facing 17 corruption related charges by the Special Prosecutor.

The trial had started with Manasseh, the first Prosecution Witness facing cross-examination.

Meanwhile, the OSP has published the latest charge sheet on its website.

Brief facts

The brief facts of the case states that, by a letter signed by his Secretary, the President of the Republic, H.E. Nana Addo Dankwa Akufo-Addo referred allegations of corruption against the accused to the Office of the Special Prosecutor.

It stated that, the referral was on the back of and based on an audio-visual documentary titled: Contracts for Sale – an investigative journalistic piece conducted by Manasseh Azure Awuni and aired by the Multimedia Group.

According to the brief facts, 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 of the Public Procurement Authority).

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 (3) 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, 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 in 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 OSP explained.

“The accused also employed 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 (2) Ministry of Education contracts in favour of Talent Discovery Limited leading to the improper award of the contracts to Talent Discovery Limited.

“The accused benefited personally and pecuniarily through the use of public office for profit and influencing the public procurement process to obtain unfair advantage in favour of Talent Discovery Limited, in respect of which he had a financial interest as the majority shareholder.

“After investigations, the accused was duly charged with the offences on the charge,” the OSP stated.