CHRAJ directs AB Adjei to refund more than GH¢5m to the State

The Commission on Human Rights and Administrative Justice (CHRAJ) has directed the sacked CEO of the Public Procurement Authority, Adjenim-Boateng Adjei to refund an amount of GH¢5,697,530.00 (less GH¢86,000.00) to the state within six months. The decision by the CHRAJ is due to the unexplained wealth deposited in his account.

He has also been directed to declare his assets in accordance with Article 286 (1)(c) of the 1992 Constitution within three months. Additionally, he has been disqualified from holding public office for 10 years.

The decisions by the CHRAJ were as a result of fresh findings made by the Commission following a petition by the Ghana Integrity Initiative (GII) on October 4, 2019 after the “Contract for Sale” exposé by investigative journalist Manesseh Awuni Azure in 2019.

In a press release from the GII, it said in pursuant to Article 218 of the 1992 Constitution of the Republic of Ghana and Section 7 of the CHRAJ Act, 1993 (Act 456), the anti-corruption organisation petitioned the CHRAJ to conduct investigations into possible breaches of the provisions of Chapter 24 of the 1992 Constitution in respect of Mr. Adjenim Boateng Adjei.

Among other things the GII made the following allegations and requested CHRAJ to investigate same:

That Mr. Adjenim Boateng Adjei and the other Members of the Board of the PPA have allegedly been involved in corruption, conflict of interest, collusion and inappropriate conduct in violation of the Constitution and laws of Ghana for which appropriate sanctions should be applied.

That Mr. Adjenim Boateng Adjei established companies soon after he was appointed as Chief Executive Officer of the Public Procurement Authority without disclosing his interest.That after establishing the companies, Adjenim Boateng Adjei used his public office for private gain, which conduct is prohibited by the Constitution, the Public Procurement Act, 2003 (Act 663), and Chapter 5 of the Criminal Offences Act, 1960 (Act 29).

That in order to facilitate his companies win contracts, Mr. Adjenim Boateng either directly or indirectly disclosed procurement related information to his companies unlawfully and, amongst others, enabled a company less than three years old win high value contracts.

That the companies that Mr. Adjenim Boateng Adjei established, allegedly subletted, subcontracted or “sold’’ contracts awarded them by the procurement entities of the State without the consent of the said entities.

That by the subletting, subcontracting or “selling” of the contracts to other contractors and suppliers, Mr. Adjenim Boateng Adjei enriched himself illegally and placed himself in contravention of Article 286 of the 1992 Constitution and his actions should be investigated, he should be sanctioned, and the illegal assets he acquired should be confiscated to the State.

That the conduct of Mr. Adjenim Boateng Adjei could not have occurred without the collusion of and inappropriate conduct by the Board of the PPA, for which reason the actions of the other members of the Board should also be investigated and those found culpable should be sanctioned including recovery of money or other assets that any Board member might have acquired through the collusion and inappropriate conduct.

That Talent Discovery Limited (TDL), a company less than 3 years old could not have won and “sold” contracts without the involvement of some public officers in those institutions whose contracts TDL won and “sold”.

GII also urged the Commission to investigate the officials of TDL, especially Thomas Amoah as well as those public officers of procurement entities for their involvement in corruption in the award of contracts to TDL and the “sale” of those contracts. In order not to allow these persons benefit from the illegal wealth they may have acquired through corruption, investigation should be conducted and illegal wealth retrieved for the State.

CHRAJ in its report found that Mr Adjei and Dr. Emmanuel Yaw Boakye did put themselves in positions where their personal interests conflicted with the performance of their public functions as CEO and as a Member of the Board of PPA.

It also found that in the case of Mr, Adjei, his interest in TDL, a company with less than three 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.

It also stated that 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 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 Pick- ups vehicles from the Kantanka Automobile Limited in 2019 placed him in a conflict of interest position.

The CHRAJ found Mr Adjei to have abused his office. According to the report, on two occasions Mr. Adjei used his office as CEO of PPA to improperly alter the decision of the Board of PPA in favour of TDL, a company in which he has personal interest.

Mr Adjei who was sacked by the President for conflict of interest, is not new to procurement related breaches (while heading procurement at the Ghana Water Company in the 2000s, he bought stationery to last 100 years) but he couldn’t explain to the Commission on Human Rights and Administrative Justice (CHRAJ) how his personal bank account opened in 2017 was receiving monies on behalf of a company he registered in 2019.

Download the CHRAJ report here.

By Emmanuel K. Dogbevi