The Special Prosecutor has charged Adjenim Boateng Adjei, the former Chief Executive Officer of the Public Procurement Authority (PPA), with 17 corruption-related offences.
There are eight counts of profiting from public office and nine counts of influencing the procurement process directly or indirectly to gain an undue advantage in the award of a procurement contract.
Adjenim Boateng Adjei was charged alongside his brother-in-law, Francis Kwaku Arhin, who was also charged with one count of profiting from public service.
In a press release dated May 18, 2022, the Special Prosecutor, Kissi Agyebeng, indicated that the two will be arraigned before the High Court in Accra, Criminal Division on Wednesday, May 25, 2022.
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Following the airing of allegations made against him in a publication by freelance writer Manasseh Azure Awuni titled “Contracts for Sale,” President Nana Addo Dankwa Akufo-Addo dismissed Adjenim Boateng Adjei from office on August 22, 2019.
President Akufo-Addo then forwarded the charges of conflict of interest to the Commission for Human Rights and Administrative Justice (CHRAJ), and the allegations of potential corruption to the Office of Special Prosecutor.
Adjei was fired from his position on October 31, 2019, based on the CHRAJ report’s recommendations.
Adjei’s accounts since taking office in 2017 totaled GH14.8 million, according to the CHRAJ investigation, with four Dollar and Euro accounts held at two banks.
Adjei could not explain the source of the enormous amounts of excess wealth that went through his bank accounts between March 2017 and August 2019, according to CHRAJ.
CHRAJ found Adjei guilty of conflict of interest in the discharge of his duties after he circumvented procurement rules for personal advantage.
Facts by the Special Prosecutor for the 17 charges
By a letter signed by the Secretary to the President, Nana Addo Dankwa Akufo-Addo referred allegations of corruption against Adjenim Boateng Adjei to the Office of the Special Prosecutor.
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 Special Prosecutor, the evidence will establish that Adjei was at all material times the Chief Executive Officer and a member of the Governing Board of Public Procurement Authority (PPA).
Adjei and and his brother-in-law, Arhin, according to the Special Prosecutor, incorporated Talent Discovery Limited in Ghana as a company limited by shares on June 19, 2017, three months after the Adjei was appointed as Chief Executive Officer of Public Procurement Authority.
At all material times, Adjei was the majority shareholder and a director of Talent Discovery Limited; and Arhin was the minority shareholder, a director and the Chief Executive Officer of Talent Discovery Limited.
Adjei and Arhin employed Talent Discovery Limited as their sure bet of winning public contracts in a disingenuous and unlawful design by which the former would employ his position as the Chief Executive Officer and a member of the Governing Board of Public Procurement Authority to directly and indirectly improperly influence the outcome of the procurement process in favour of the company and the latter would run the affairs of the company until the retirement of the former from public service – at which time the former would join the latter at the company and share the spoils, according to the Special Prosecutor.
Talent Discovery Limited, during the tenure of Adjei as the Chief Executive Officer and a member of the Governing Board of 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, Ministry of Special Development Initiatives, Ministry of Inner-City & Zongo Development and the Ghana Ports and Harbours Authority.
Adjei, in his capacity as the Chief Executive Officer and a member of the Governing Board of Public Procurement Authority, conducted the procurement process in respect of tenders in which Talent Discovery Limited was shortlisted; and he actively participated in the decision-making process leading to the selection of Talent Discovery Limited as the contractor in respect of nine of the tenders, without disclosing his interest as the majority shareholder and a director of the company, the Special Prosecutor added.
In an instance, Adjei, in his capacity as the implementer of the decisions of the Governing Board of Public Procurement Authority, unlawfully altered the decision of the Board in favour of Talent Discovery Limited, the Special Prosecutor said.
Arhin, according to the Special Prosecutor acted in collaboration with Adjei in the unlawful scheme.
“The First and Second Accused perversely benefited pecuniarily through the use of public office for profit and influencing the public procurement process to obtain unfair advantage. Indeed, the First Accused, in particular, amassed fantastic funds in his bank accounts within a very short time,” the Special Prosecutor stated.
After investigations, Adjei and Arhin were duly charged with the offences on the charge sheet.
Below is a copy of the charge sheet
COUNT ONE
STATEMENT OF OFFENCE
USING PUBLIC OFFICE FOR PROFIT, contrary to section 179C(a) of the Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, between circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, while holding a public office, viz the Chief Executive Officer of Public Procurement Authority and a member of the Governing Board of Public Procurement Authority, corruptly abused the office for private profit and benefit by improperly and unlawfully influencing the outcome of the public procurement process by conducting the procurement process and actively participating in the decision making process in respect of a public works contract awarded by the Ministry of Works and Housing for the construction of a concrete dam at Santa Maria in the Greater Accra Region through restricted tendering unfairly in favour of Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited, and thereby obtaining a corrupt pecuniary benefit.
COUNT TWO
STATEMENT OF OFFENCE
USING PUBLIC OFFICE FOR PROFIT, contrary to section 179C(a) of the Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, between circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, while holding a public office, viz the Chief Executive Officer of Public Procurement Authority and a member of the Governing Board of Public Procurement Authority, corruptly abused the office for private profit and benefit by improperly and unlawfully influencing the outcome of the public procurement process by conducting the procurement process and actively participating in the decision making process in respect of a public works contract awarded by the Ministry of Works and Housing for channel improvement works at Akatsi in the Volta Region through restricted tendering unfairly in favour of Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited, and thereby obtaining a corrupt pecuniary benefit.
COUNT THREE
STATEMENT OF OFFENCE
USING PUBLIC OFFICE FOR PROFIT, contrary to section 179C(a) of the Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, between circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, while holding a public office, viz the Chief Executive Officer of Public Procurement Authority and a member of the Governing Board of Public Procurement Authority, corruptly abused the office for private profit and benefit by improperly and unlawfully influencing the outcome of the public procurement process by conducting the procurement process and actively participating in the decision making process in respect of a public works contract awarded by the Ministry of Works and Housing for the renovation of Bungalow No. C41 at Roman Ridge in the Greater Accra Region through restricted tendering unfairly in favour of Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited, and thereby obtaining a corrupt pecuniary benefit.
COUNT FOUR
STATEMENT OF OFFENCE
USING PUBLIC OFFICE FOR PROFIT, contrary to section 179C(a) of the Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, between circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, while holding a public office, viz the Chief Executive Officer of Public Procurement Authority and a member of the Governing Board of Public Procurement Authority, corruptly abused the office for private profit and benefit by improperly and unlawfully influencing the outcome of the public procurement process by conducting the procurement process and actively participating in the decision making process in respect of a public works contract awarded by the Ministry of Works and Housing for the renovation of Bungalow No. 3A at Airport Residential Area in the Greater Accra Region through restricted tendering unfairly in favour of Talent Discovery Limited, a company in which you held the majority shares and held the position of director at all material times, and thereby obtaining a pecuniary benefit.
COUNT FIVE
STATEMENT OF OFFENCE
USING PUBLIC OFFICE FOR PROFIT, contrary to section 179C(a) of the Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, between circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, while holding a public office, viz the Chief Executive Officer of Public Procurement Authority and a member of the Governing Board of Public Procurement Authority, corruptly abused the office for private profit and benefit by improperly and unlawfully influencing the outcome of the public procurement process by conducting the procurement process and actively participating in the decision making process in respect of a public works contract awarded by the Ministry of Education for the construction of a dormitory block at Collins Senior High School in the Asante Akyem North District in the Ashanti Region through restricted tendering unfairly in favour of Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited, and thereby obtaining a corrupt pecuniary benefit.
COUNT SIX
STATEMENT OF OFFENCE
USING PUBLIC OFFICE FOR PROFIT, contrary to section 179C(a) of the Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, between circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, while holding a public office, viz the Chief Executive Officer of Public Procurement Authority and a member of the Governing Board of Public Procurement Authority, corruptly abused the office for private profit and benefit by improperly and unlawfully influencing the outcome of the public procurement process by conducting the procurement process and actively participating in the decision making process in respect of a public works contract awarded by the Ministry of Education for the construction of a twelve-seater toilet at Tuobodom Senior High Technical School in the Techiman North District in the Bono Region through restricted tendering unfairly in favour of Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited, and thereby obtaining a corrupt pecuniary benefit.
COUNT SEVEN
STATEMENT OF OFFENCE
USING PUBLIC OFFICE FOR PROFIT, contrary to section 179C(a) of the Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, between circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, while holding a public office, viz the Chief Executive Officer of Public Procurement Authority and a member of the Governing Board of Public Procurement Authority, corruptly abused the office for private profit and benefit by improperly and unlawfully influencing the outcome of the public procurement process by conducting the procurement process and actively participating in the decision making process in respect of a public works contract awarded by the Ministry of Special Development Initiatives for the construction of four (4) dams/dug-outs in the Binduri Constituency in the Northern Region through restricted tendering unfairly in favour of Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited, and thereby obtaining a corrupt pecuniary benefit.
COUNT EIGHT
STATEMENT OF OFFENCE
USING PUBLIC OFFICE FOR PROFIT, contrary to section 179C(a) of the Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, between circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, while holding a public office, viz the Chief Executive Officer of Public Procurement Authority and a member of the Governing Board of Public Procurement Authority, corruptly abused the office for private profit and benefit by improperly and unlawfully influencing the outcome of the public procurement process by conducting the procurement process and actively participating in the decision making process in respect of a public works contract awarded by Ghana Ports and Harbours Authority for the supply and installation of a Mobile Column Lift for the Takoradi Port in the Western Region through restricted tendering unfairly in favour of Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited, and thereby obtaining a corrupt pecuniary benefit.
COUNT NINE
STATEMENT OF OFFENCE
USING PUBLIC OFFICE FOR PROFIT, contrary to section 179C(b) of the Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
FRANCIS KWAKU ARHIN, 50 years, between circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, while not being a holder of a public office, acted in collaboration with your brother-in-law, Adjenim Boateng Adjei, who was holding a public office, viz the Chief Executive Officer of Public Procurement Authority and a member of the Governing Board of Public Procurement Authority, for the said Adjenim Boateng Adjei to corruptly abuse the office for private profit and benefit by improperly and unlawfully influencing the outcome of the public procurement process by conducting the procurement process and actively participating in the decision making process in respect of the award of public works contracts through restricted tendering unfairly in favour of Talent Discovery Limited, a company in which you held the minority shares and held the position of Director and Chief Executive Officer at all material times, which you incorporated with the said Adjenim Boateng Adjei circa June 2017 for the said purpose, and thereby obtaining a pecuniary benefit.
COUNT TEN
STATEMENT OF OFFENCE
DIRECTLY 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).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, employed your position as Chief Executive Officer and a member of the Board of Public Procurement Authority to directly and indirectly influence the procurement process by improperly and unlawfully conducting the procurement process and actively participating in the decision making process and thereby obtaining an unfair advantage in respect of a public works contract awarded by the Ministry of Works and Housing for the construction of a concrete dam at Santa Maria in the Greater Accra Region through restricted tendering to Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited.
COUNT ELEVEN
STATEMENT OF OFFENCE
DIRECTLY 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).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, employed your position as Chief Executive Officer and a member of the Board of Public Procurement Authority to directly and indirectly influence the procurement process by improperly and unlawfully conducting the procurement process and actively participating in the decision making process and thereby obtaining an unfair advantage in respect of a public works contract awarded by the Ministry of Works and Housing for channel improvement works at Akatsi in the Volta Region through restricted tendering to Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited.
COUNT TWELVE
STATEMENT OF OFFENCE
DIRECTLY 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).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, employed your position as Chief Executive Officer and a member of the Board of Public Procurement Authority to directly and indirectly influence the procurement process by improperly and unlawfully conducting the procurement process and actively participating in the decision making process and thereby obtaining an unfair advantage in respect of a public works contract awarded by the Ministry of Works and Housing for the renovation of Bungalow No. C41 at Roman Ridge in the Greater Accra Region through restricted tendering to Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited.
COUNT THIRTEEN
STATEMENT OF OFFENCE
DIRECTLY 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).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, employed your position as Chief Executive Officer and a member of the Board of Public Procurement Authority to directly and indirectly influence the procurement process by improperly and unlawfully actively conducting the procurement process and actively participating in the decision making process and thereby obtaining an unfair advantage in respect of a public works contract awarded by the Ministry of Works and Housing for the renovation of Bungalow No. 3A at Airport Residential Area in the Greater Accra Region through restricted tendering to Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited.
COUNT FOURTEEN
STATEMENT OF OFFENCE
DIRECTLY 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).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, employed your position as Chief Executive Officer and a member of the Board of Public Procurement Authority to directly and indirectly influence the procurement process by improperly and unlawfully conducting the procurement process and actively participating in the decision making process and thereby obtaining an unfair advantage in respect of a public works contract awarded by the Ministry of Education for the construction of a dormitory block at Collins Senior High School in the Asante Akyem North District in the Ashanti Region through restricted tendering to Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited.
COUNT FIFTEEN
STATEMENT OF OFFENCE
DIRECTLY 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).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, employed your position as Chief Executive Officer and a member of the Board of Public Procurement Authority to directly and indirectly influence the procurement process by improperly and unlawfully conducting the procurement process and actively participating in the decision making process and thereby obtaining an unfair advantage in respect of a public works contract awarded by the Ministry of Education for the construction of a twelve-seater toilet at Tuobodom Senior High Technical School in the Techiman North District in the Bono Region through restricted tendering to Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited.
COUNT SIXTEEN
STATEMENT OF OFFENCE
DIRECTLY 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).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, employed your position as Chief Executive Officer and a member of the Board of Public Procurement Authority to directly and indirectly influence the procurement process by improperly and unlawfully conducting the procurement process and actively participating in the decision making process and thereby obtaining an unfair advantage in respect of a public works contract awarded by the Ministry of Special Development Initiatives for the construction of four (4) dams/dug-outs in the Binduri Constituency in the Northern Region through restricted tendering to Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited.
COUNT SEVENTEEN
STATEMENT OF OFFENCE
DIRECTLY 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).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, employed your position as Chief Executive Officer and a member of the Board of Public Procurement Authority to directly and indirectly influence the procurement process by improperly and unlawfully conducting the procurement process and actively participating in the decision making process and thereby obtaining an unfair advantage in respect of a public works contract awarded by Ghana Ports and Harbours Authority for the supply and installation of a Mobile Column Lift for the Takoradi Port in the Western Region through restricted tendering to Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited.
COUNT EIGHTEEN
STATEMENT OF OFFENCE
DIRECTLY 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).
PARTICULARS OF OFFENCE
ADJENIM BOATENG ADJEI, 63 years, circa June 2017 and circa August 2019 in Accra in the Greater Accra Region and within the jurisdiction of this Court, employed your position as Chief Executive Officer and a member of the Board of Public Procurement Authority to directly and indirectly influence the procurement process by improperly and unlawfully conducting the procurement process and actively participating in the decision making process and altering the decision of the Governing Board of the Public Procurement Authority and thereby obtaining an unfair advantage in respect of a public works contract awarded by the Ministry of Education for the construction of a dormitory block at Savelugu Senior High School in the Savelugu-Nanton Municipality in the Northern Region through restricted tendering to Talent Discovery Limited, without disclosing your interest as the majority shareholder and a Director of Talent Discovery Limited.
Dated at the Office of the Special Prosecutor, 6 Haile Selassie Avenue, South Ridge, Accra this Eighteenth day of May 2022.
SOURCE: GRAPHIC ONLINE
