The Accra High Court has acceded to a request by the former boss of the Public Procurement Authority (PPA), Adjenim Boateng Adjei for his passport to be released to him to enable him to renew his British visa and to travel for business.
In granting his request, the Court said he should deposit a copy of the passport after he renews his visa at the registry of the court.
The Court further reminded him that the trial begins on November 29, 2022, and that he should be present.
Mr Boateng Adjei and his brother-in-law, Mr Francis Kwaku Arhin, are standing trial on corruption and corruption-related offences.
They were granted GH¢5 million bail with two sureties to be justified.
As part of the bail conditions, Mr. Boateng Adjei charged with 17 counts made up of eight counts of using public office for-profit and 9 counts of directly and indirectly influencing the procurement process to obtain an unfair advantage, was ordered to deposit his passport with the Registrar of the court.
Adjenim Boateng Adjei has been charged alongside his brother-in-law, Francis Kwaku Arhin, who has also been charged with one count of using public office for profit.
President Nana Addo Dankwa Akufo-Addo on August 22, 2019, suspended Adjenim Boateng Adjei from office, following the broadcast of allegations made against him in a publication by freelance journalist, Manasseh Azure Awuni, titled “Contracts for Sale”.
President Akufo-Addo subsequently referred the allegations involving conflict of interest to the Commission for Human Rights and Administrative Justice (CHRAJ), and those relating to potential acts of corruption to the Office of Special Prosecutor, for their action.
It was based on recommendations from the CHRAJ report that Adjei was sacked from office on October 31, 2019.
Per the CHRAJ report, Adjei’s accounts since assuming office in 2017 stood at GH₵14.8 million from his four Dollar and Euro accounts held at two banks.
According to CHRAJ, Adjei could not satisfactorily explain the source of the large volumes of excess wealth that passed through his bank accounts between March 2017 and August 2019.
CHRAJ after investigating Adjei found him guilty of conflict of interest in the performance of his duties after sidestepping procurement procedures for personal gains.
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 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 TENSTATEMENT OF OFFENCEDIRECTLY 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 OFFENCEADJENIM 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 ELEVENSTATEMENT OF OFFENCEDIRECTLY 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 OFFENCEADJENIM 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 TWELVESTATEMENT OF OFFENCEDIRECTLY 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 OFFENCEADJENIM 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 THIRTEENSTATEMENT OF OFFENCEDIRECTLY 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 OFFENCEADJENIM 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 FOURTEENSTATEMENT OF OFFENCEDIRECTLY 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 OFFENCEADJENIM 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 FIFTEENSTATEMENT OF OFFENCEDIRECTLY 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 OFFENCEADJENIM 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 SIXTEENSTATEMENT OF OFFENCEDIRECTLY 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 OFFENCEADJENIM 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 SEVENTEENSTATEMENT OF OFFENCEDIRECTLY 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 OFFENCEADJENIM 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 EIGHTEENSTATEMENT OF OFFENCEDIRECTLY 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 OFFENCEADJENIM 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.
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