SML case: Ofori-Atta, 7 others charged for causing financial loss to the state
A Former Finance Minister, Ken Ofori - Atta, and seven others, including two former Commissioner-Generals of the Ghana Revenue Authority (GRA), have been dragged to court by the Office of the Special Prosecutor (OSP) for allegedly causing financial loss of more than GH¢1.4 billion in the Strategic Mobilisation Limited (SML) contract saga.
The accused persons include Emmanuel Kofi Nti and Ammishaddai Owusu-Amoah - both former Commissioner-Generals of the GRA, Isaac Crentsil and Kwadwo Damoah — former Commissioners of the Customs Division of the GRA, Ernest Darko Akore — an aide to Ofori-Atta during his tenure as Minister of Finance, Evans Adusei — the Chief Executive Officer (CEO) of SML, and SML itself.
The OSP has charged the accused persons with 78 counts of causing financial loss to the state, using public office for profit, wilful oppression, directly influencing the procurement process to obtain an unfair advantage in the award of procurement, and entering into an agreement with a financial commitment binding the government for more than one financial year without prior authorisation by Parliament.
SML contract
The criminal case against six top government officials stemmed from a revenue assurance contract awarded to SML by the previous government which have become a subject of controversy and numerous allegations, leading to its eventual cancellation by the government following a directive by President John Dramani Mahama.
The criminal case also followed public interest and discussions about attempts to extradite Mr Ofori-Atta who the OSP accused of running from justice from the USA, although the former finance minister insists that he had nothing to hide but is in the USA for medical treatment
Facts
In a charge sheet signed by the Special Prosecutor, Kissi Agyebeng, and filed at the Criminal Division of the Accra High Court yesterday, the OSP alleged that the accused persons hatched a “criminal enterprise” to use the SML contract to fleece the nation.
“The criminal enterprise was commenced in 2017 by the first, third, seventh, and eighth accused persons, with the other accused persons joining the adventure at various times.
The criminal enterprise was characterised by no genuine need for contracting the eighth accused company for the obligations it purported to perform, and the contracts were secured for the eighth company through self-serving patronage, and promotion by the first, second, third, fourth, fifth, and sixth accused persons based on false and unverified claims,” he stated.
The OSP further accused them of engaging in prohibited acts and “Acted with increased emboldened impunity as they freely abused their public offices by using the offices for private benefit.”
Also, the OSP alleged that the six former government officials created an avenue for SML to “Largely pretend to perform the services under the various contracts - leading to immense financial loss to the republic of about one billion, four hundred and thirty-six million, two hundred and forty-nine thousand, eight hundred and twenty-eight cedis, fifty-three pesewas (GH¢1,436,249,828.53).”
“The accused persons based their actions on their false claims that the eighth accused company possessed technical expertise and capability in revenue assurance, and that the technical expertise and capability of the eighth accused person had greatly increased revenue for the republic; and further that the eighth accused company exclusively possessed the only patented and proven technological systems in the world for value chain transaction audits, external price verification and measurement audit services in the downstream petroleum, upstream petroleum and minerals sectors,” the OSP added.
