Contracts for sale: Sacked PPA boss sues CHRAJ for not treating him fairly

The suit filed at an Accra High Court on November 27, 2020, accused CHRAJ of breaching the principle of natural justice by keeping certain key information from him and his lawyers.

He said he was kept in the dark over witnesses whose testimonies CHRAJ relied on to make the judgment adding that his lawyers were not given the chance to cross-examine the witnesses and also he was not made to answer certain findings made by the commission in its work.

CHRAJ made "several site trips to several locations to gather evidence which it relied on to arrive at their decision," he said.

He stated that he was "never invited to be present at any of these site trips, nor was I allowed to respond or cross-examine the evidence gathered at these site trips.

"By denying me the opportunity to access, respond and cross-examine statements, witnesses, and evidence that the respondents relied on to arrive at their decision, the [CHRAJ] acted in breach of natural justice and failed to give me a fair hearing. If given the chance to access, respond, and cross-examine the various documents, witnesses and evidence relied on by [CHRAJ] in their report, I would."

CHRAJ report on Adjenim Boateng Adjei

Adjenim Boateng Adjei was sacked by President Nana Addo Dankwa Akufo-Addo for allegations made against him in an exposé by ace journalist Manasseh Azure Awuni.

This follows adverse findings against him by CHRAJ.

CHRAJ in a report stated: "The evidence also established a pattern of movement of large volumes of cash through the Respondent's bank accounts between March 2017 and August 2019, far in excess of his known income (Stanbic Bank: USD Account – $516,225.00; Cedi Account – ¢3.83 million; Euro Account – EU54,500; UMB Bank: $110,000). The Respondent could not offer a satisfactory explanation as to the source of that huge volume of cash that passed through his bank account between March 2017 and August 2019 (unexplained wealth).

CEO of the Public Procurement Authority, Adjenim Boateng Adjei Pulse Ghana

"The totality of the evidence showed that the Respondent had put himself in a position where his personal interest (financial and relational) conflicted with the performance of the functions of his office as CEO and Board Member of PPA."

It also stated that Adjei "put himself in several positions where his personal, relational, and pecuniary interest in TDL and other companies actually conflicted with the performance of the functions of his office as CEO and Board Member of PPA. The Commission holds that the Respondent has contravened article 284 of the 1992 Constitution."

"The Respondent, being the CEO of PPA, the Regulator of the procurement sector, the Commission is of the strong and considered view that he has gravely abused his high office of trust, and the appropriateness and proportionality of any action to be taken by the Commission must be commensurate with the gravity of the abuse."

CHRAJ noted further that: "the Respondent is unfit to hold public office and is therefore disqualified from holding any public office for a period of five years. Accordingly, it is hereby directed that no appointing authority of the State should engage or appoint the Respondent (Mr. Adjenim Boateng Adjei) into any public office howsoever described for the said five (5) year period beginning from the date of this decision."

It added: "Primarily, this investigation was initiated on the basis of conflicts of interest allegations. In the course of the investigation, however, the Commission came across evidence of seeming unethical practices by the company TDL, the company owned by the Respondent and his brother-in-law. In the circumstances, the Commission is constrained to refer to the evidence of the seeming unethical practices of TDL to the Registrar of Companies and the PPA for further investigation and appropriate action."

Adjenim Boateng Adjei fights back

He urged the High Court to quash CHRAJ's report and expunge it from the records.

He is asking the court to revoke President Nana Addo Dankwa Akufo-Addo's directive asking him to vacate his post.

Martin Amidu's revelation on Boateng Adjei

The former Special Prosecutor Martin Amidu revealed that the sacked Adjenim Boateng Adjei, wired into his bank accounts GH¢15,691,559.30, USD4,467,655.00 and €54,500.00 between 2017 and 2019 rather than the amounts stated by the Commission for Human Rights and Administrative Justice (CHRAJ): (USD Account – $516,225.00; Cedi Account – GH¢3.83 million; Euro Account – €54,500; UMB Bank: $110,000).

Amidu pointed out that the amounts involved were understated by the Commission.

He said "The Commission for Human Rights and Administrative Justice (CHRAJ) ought to be commended for their report. The only problem with the CHRAJ report is that, for some reason, it understates the amounts disclosed by the bank statements from the three banks' accounts of Mr. Adjei exhaustively reviewed by the Auditor-General for this Office."

Manasseh's exposé

In 2019, investigative journalist Manasseh Azure Awuni premiered his ‘Contracts for Sale’ documentary in which a company jointly owned by the PPA boss and his relative bids for government contracts.

The company, Talent Discovery Limited was only incorporated in 2017 but has since won a lot of contracts. More disturbing, TDL does not execute the contracts but rather sells them to the highest bidder.

The contract, including road projects, remain unexecuted until a buyer comes.

The company, however, denied the allegations and said its general manager, who is at the forefront, acted of his own volition.