The Commission on Human Rights and Administrative Justice (CHRAJ) has disqualified former CEO of the Public Procurement Authority (PPA) Adjenim Boateng Adjei, from holding public office for the next 10 years.
In addition, Adjenim Boateng Adjei has been directed to declare his assets in accordance with the Public Office Holder (Declaration of Assets and Disqualification) Act, 1998 (Act 550) within three months and also refund to the state an amount of ¢5,697,530.00 within six months.
This declaration by CHRAJ follows fresh findings into alleged corruption and conflict of interest in the matter between the Ghana Integrity Initiative (GII) and Mr Boateng Adjei.
The GII petitioned CHRAJ in September 2019 to investigate if the PPA boss and other board members of the PPA acted criminally in setting up a company, Talent Discovery Ltd, which allegedly sold government contracts.
After several months of investigation by CHRAJ in the matter between the GII and the PPA boss, the Commission concluded that Adjenim Boateng Adjei together with a former member of the PPA board, Dr Emmanuel Yaw Boakye, are guilty of conflict of interest.
“In the case of Mr A. B. Adjei, his interest in TDL, a company with less than 3 years of existence yet won considerable public contracts and sold them without informing the awarding entity, did put him in a position of conflict of interest.
On the part of Dr Boakye, who was a Technical Director at the office of the Minister of Procurement, the General Secretary of the Christo Asafo Church and a member of the PPA Board, CHRAJ found out that his involvement with the Kristo Asafo Group of Companies and his failure to recuse himself during the 25th Meeting of the Board Technical Committee to consider the Ministry of Education’s request to use single-source procurement method to acquire 160 Kantanka Pickups vehicles from the Kantanka Automobile Limited in 2019 placed him in a conflict of interest position,” a statement from the GII stated.
In the full report by CHRAJ, the former PPA Board Chairman, Professor Douglas Boateng has also been disqualified from being appointed as Chair or member of any public board, Council or Commission for a period of not less than 2 years.
“The Commission is of the considered view that the disqualification should be limited to public boards, councils and commissions, and not to extend to Public Office generally, except, however, that he must comply with the mandatory exit requirement under Article 286(1) (c) to declare his assets and liabilities as a condition for consideration for future appointment to public office. He has 3 months from the date of this decision within which to provide evidence before the Commission that he has complied with Article 286(1) (c),” the report from CHRAJ stated.
CHRAJ also disqualified Dr. Emmanuel Yaw Boakye from being appointed a member of any public boards, councils and commissions for a period of 3 years.
The Commission however stated that “with the exception of Mr Adjenim Boaten Adjei, Prof. Douglas Boateng and Dr. Emmanuel Boakye, the Commission has not made any adverse findings against the other Board members. The allegations of corruption, sale of contract and others not specifically dealt with in this decision are matters that are receiving the attention of the OSP and EOCO.”
In a statement to highlight the findings by CHRAJ, the GII commended the Commission for a dispassionate and thorough work done and called on the Office of the Special Prosecutor to fast track the criminal investigations aspect of the case and ensure the law take its full course where culpability is established.
Background
Mr. Adjei was suspended and subsequently sacked from office by President Akufo-Addo following an investigative documentary by Manasseh Azure Awuni in 2019, which revealed a company he co-owned, has been selling government contracts it won through single-source and restrictive tendering, to the highest bidder.
In suspending him, President Nana Akufo-Addo also directed CHRAJ and the Office of the Special Prosecutor to investigate his appointee for conflict of interest and corruption.
CHRAJ after its investigations in 2020 found Adjenim Boateng guilty of conflict of interest and unfit for any public office.
The findings added that “the Respondent is also 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.”
Mr. Adjenim Boateng later dragged CHRAJ to court over claims that CHRAJ acted in breach of natural justice and failed to give him a fair hearing during its investigations into the ‘Contract for Sales’ saga.
According to him, CHRAJ never gave him the chance to cross-examine witnesses presented in the case.
“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, CHRAJ acted in breach of natural justice and failed to give me a fair hearing,” he said in the law suit.
Meanwhile, the Accra High Court has thrown out the application by Adjenim Boateng which sought to set aside the findings of the Commission on Human Rights and Administrative Justice (CHRAJ) against him.
In a ruling on Thursday, February 24, the Court presided over by Justice Elfreda Amy Dankyi refused to grant an order of certiorari to quash the findings of CHRAJ.
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