CHRAJ Findings On 'Contract For Sale'

IN THE MATTER OF THE COMMISSION ON HUMAN RIGHTS
AND ADMINISTRARIVE JUSTICE ACT 1993, (ACT 456)

AND
IN THE MATTER OF INVESTIGATIONS INTO ALLEGATIONS OF

CONTRAVENTION OR NON-COMPLIANCE WITH ARTICLE 284 OF
THE 1992 CONSTITUTION BY MR. ADJENIM BOATENG ADJEI
CASE No. 241/2019
OFFICE OF THE PRESIDENT COMPLAINANT

JUBILEE HOUSE, ACCRA
AND
MR. ADJENIM BOATENG ADJEI RESPONDENT

PUBLIC PROCUREMENT AUTHORITY, ACCRA
DECISION
1.0. INTRODUCTION
Article 284 of the 1992 Constitution provides that:

A public officer shall not put himself in a position where his
personal interest conflicts or is likely to conflict with the
performance of the functions of his office.
Article 287 also provides:
An allegation that a public officer has contravened or has not

complied with a provision of this Chapter [Chapter 24] shall be
made to the Commissioner for Human Rights and Administrative
Justice and, in the case of the Commissioner of Human Rights and
Administrative Justice, to the Chief Justice who shall, unless the
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person concerned makes a written admission of the contravention
or non-compliance, cause the matter to be investigated.
(2) The Commissioner for Human Rights and Administrative

Justice or the Chief Justice as the case may be, may take such action
as he considers appropriate in respect of the results of the
investigation or the admission.
On 22nd August 2019, the President of the Republic, in a letter reference

no. OPS. 127/Vol. 3/19/1141, signed by Nana Bediatuo Asante, Secretary to
the President, submitted a complaint of conflict of interest against Mr.
Adjenim Boateng Adjei, the Chief Executive Officer (CEO) of the Public
Procurement Authority, to the Commission on Human Rights and
Administrative Justice (the Commission) for investigation.
The submission of the complaint to the Commission by the President

followed the airing of a documentary produced by Manasseh Azure
Awuni, which not only relates to conflict of interest but also corruption and
abuse of power.
1.1 BACKGROUND
On Wednesday, 21st August 2019, Joy TV News Channel of Multimedia

Group, aired a documentary produced by Manasseh titled "Contracts for
Sale" as the outcome of his investigations. The documentary, among others
contained allegations of conflict of interest, abuse of office and corruption
by Mr. Adjenim Boateng Adjei, the Chief Executive Officer (CEO) of the
Public Procurement Authority (PPA), the Respondent herein.
Following the broadcast, the President suspended the Respondent and

subsequently referred the allegations contained in the documentary to the
Commission on Human Rights and Administrative Justice (CHRAJ) and
the Office of the Special Prosecutor (OSP) for investigation and appropriate
action.
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Though the Commission has the mandate under the Constitution of the
Republic of Ghana (the Constitution) to investigate, among others, “All
instances of alleged or suspected corruption and the misappropriation of
public monies by officials…”, the Commission restricted its investigation
to the allegations of conflict of interest since the President of the Republic
had referred the allegations of corruption emanating from the same
documentary to the Office of the Special Prosecutor.
2.0. THE COMPLAINT
The complaint from the Office of the President, signed by Nana Bediatuo
Asante, Secretary to the President, stated as follows:
Dear Commissioner,
REFERRAL OF ALLEGATIONS OF CONFLICT OF INTEREST

AGAINST THE CHIEF EXECUTIVE OFFICER OF THE PUBLIC
PROCUREMENT AUTHORITY.
I am directed by the President of the Republic to refer to the Commission on

Human Rights and Administrative Justice (CHRAJ) allegations of conflict
of interest made against Mr. Adjenim Boateng Adjei, Chief Executive
Officer of the Public Procurement Authority, in a documentary titled,
“Contracts for Sale”, A Manasseh Azure Awuni Investigation, aired on
Joy News TV on 21st August 2019. Mr. Adjenim Boateng Adjei has,
meanwhile, been suspended from office pending investigation.
The President would be grateful for expeditious action in this matter.
A copy of the said documentary is enclosed herewith.
Please accept the President’s best wishes.
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The particulars of allegations made against the Respondent were contained
in the documentary attached to the President’s referral letter, and they
relate to conflict of interest, corruption and abuse of power, among others.
The allegations include the following:

i. Talent Discovery Ltd (TDL), a company established by the
Respondent in June 2017, a few months after he was appointed CEO
of PPA, was awarded contracts from Ministries, Department and
Agencies (MDAs) through single source/restricted tendering;
ii. The respondent is a majority shareholder (60%) and Director of TDL,
with his brother-in-law, Francis Arhin owning 40% shares;
iii. TDL “sells” the contracts awarded to it by the MDAs and other public
procurement entities;
iv. Suppliers and contractors interested in buying those contracts from
TDL had to register with TDL by paying a non-refundable fee of
GHC 5,000;
v. TDL uses links at the top to win contracts;
vi. The Respondent uses information he acquires as the CEO of the PPA
to the advantage of TDL;
vii. The Respondent’s role as Chief Executive Officer of the PPA, and
shareholder and Director of TDL and other companies placed the
Respondent in conflict of interest.
3.0. RESPONDENT’S POSITION

In accordance with article 287(1) of the Constitution, the Commission
requested the Respondent, in a letter dated 27th August 2019 to confirm or
deny the allegations, and if he denied, to state so expressly.
In a letter dated 5th September 2019 entitled, “RE: ALLEGATION OF

CONTRAVENTION OR NONCOMPLIANCE WITH ARTICLE 284 OF
THE 1992 CONSTITUTION BY MR. ADJENIM BOATENG ADJIE –
REQUEST FOR COMMENTS; ANSWER OF RESPONDENT, ADJENIM
BOATENG ADJIE” (hereafter referred to as ANSWER OF RESPONDENT),
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signed by his Solicitors, Yaw D. Oppong Esq. of Ampofo, Oppong and
Associates, the Respondent elected to submit his written comments,
together with preliminary observations/comments.
3.1. Comments of Respondent on the Allegations
The Respondent presented his written Comments under various sub-
headings as follows:
• Allegation that Messrs Talent Discovery Limited is engaged in the Sale

of Contracts obtained after winning a process of Competitive Tender
The Respondent asserted that the allegation does not impinge on conflict
of interest. That a claim of the sale of contracts by TDL after that company
had participated in a tender not organized by the Public Procurement
Authority (PPA) and it had been declared the successful tenderer not by
the PPA but by other entities, has no bearing on a conflict of interest with
the duties of our client as a public officer. Further, that Article 284 requires
that every allegation of conflict of interest must be measured in terms of
the performance of the duty of person as a public officer.
Respondent said that he was unaware of such corporate practices by TDL

and that he was neither part of the management of TDL nor one of those
alleged in the documentary to have engaged in the sale of government
contracts on behalf of TDL. He observed that the documentary identifies a
particular officer of TDL, Thomas Amoah, who is alleged to have engaged
in the sale of contracts. That he is not Thomas Amoah but he was aware
that the specific officer of TDL in question, Mr. Thomas Amoah, is being
duly investigated by the Office of Special Prosecutor in respect of his
alleged conduct in the sale of a government contract. The allegation against
him is thus frivolous and utterly baseless.
The Respondent reiterated that at all material times, he is only a

shareholder in TDL, and not part of either the management or Board of
Directors of that company. That by a letter dated 5th September 2017, he
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resigned from his role as a director of TDL and has at no material time,
participated in a Board meeting of TDL. He attached a copy of his
resignation letter addressed to the Chief Executive, TDL. It reads as
follows:
Dear Sir,
RESIGNATION AS DIRECTOR AND CHAIRMAN OF TALENT

DISCOVERY LIMITED
Following my discussion with your good self on the above subject

matter, I wish to officially bring to your attention my decision to
resign as a director and therefore the Chairman of the board of Talent
Discovery Limited effective 5th September, 2017.
The decision has become necessary due to my increasingly busy

schedules which will likely affect my availability to attend to the needs
of TDL as a director and chairman.
I shall trust upon you to effect the necessary changes by reason of my

resignation. Thank you…”
The Respondent disclosed that since the airing of the documentary in

which the scurrilous allegations were made against him, he had discovered
that TDL had, actually, fully executed by itself four (4) of the six (6)
contracts that it won through restricted tendering, and had accordingly
been issued with Certificates of Completion in its favour, whilst the other
2 contracts were being executed by TDL. The Respondent annexed three
documents being “… copies of 3 Certificates of Completion issued in favour of
TDL”.
The certificates relate to the following:
• Construction of Small Dams/Dugouts under One Village One Dam,

Binduri Constituency
• Renovation of Bungalow No. C 41 Roman Ridge
• Renovation of Bungalow No 3A Church Road, Airport Residential Area
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He added that his enquiries further showed that a copy of the fourth
certificate was yet to be obtained from the Ministry of Education.
He denied the allegation in the documentary, which suggested that TDL

Ltd is affiliated or associated with B-Molie Enterprise.
• Allegation that the Function of the Due Diligence Unit of the PPA Places
Respondent in a Conflict of Interest Situation
The Respondent denied the allegation in the documentary that the position
of the Chef Executive Officer (CEO) of the PPA, as “head of the Due
Diligence Unit (DDU)” of the PPA in conducting due diligence on
applications for restricted (tendering or single-sourcing), before
forwarding same to the Board for consideration, places the Respondent in
a conflict of interest situation. He described that allegation as
“…conjectural, spurious and founded on a lack of knowledge or
understanding of the role of the DDU and the duty of the Board in the
consideration of applications for restricted tendering method of
procurement by procurement entities”.
He explained that the conduct of due diligence by the DDU is not one of
the steps required by Act 663 in the consideration of application for
restricted tendering and single sourcing. The consideration of applications
for restricted tendering is the sole prerogative of the Board of the
Authority, exercised in accordance with sections 38 and 39 of the Public
Procurement Act, 2003 (Act 663) as amended.
He disclosed that prior to the appointment of the Respondent as the CEO

of the PPA in March 2017, there was no Due Diligence Unit in the PPA.
Applications for single-sourcing and restricted tendering were merely
considered in the compass of the provisions in sections 38, 39, 40 and 41 of
Act 663. Same were granted, especially in the case of restricted tendering,
without the conduct of value for money analysis by PPA.
When Respondent was appointed CEO of the PPA in March, 2017, and
purely as a mechanism to boost the efficiency of applications for single-
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sourcing and restricted tendering in terms of assuring the reasonableness
of prices quoted by procurement entities, he established the DDU (which
was originally described as the Due Diligence Committee). He submitted
an internal memo dated 16th March 2017, which established the DDU with
its membership and terms of reference.
The Respondent stated that from the terms of Reference of the Due
Diligence Committee contained in the memo, the mandate of the
Committee was essentially to ensure the reasonableness of prices quoted
by procurement entities in their applications for adoption of restricted
tendering and single sourcing methods of procurement. This would
effectively achieve value for money.
He mentioned that the value for money and price reasonableness checks
undertaken by the DDU that the Respondent established had led to the
State making enormous financial savings from single souring and
restricted tendering methods of procurement. That over the last 31 months
that the DDU was established it had made a saving of GH¢2,754,925,906.49,
representing money freed for other national development projects.
He gave the breakdown as follows:
2017 - GH¢797,416,664.82
2018 - GH¢1,000,164,269.00
2019 (up to July) - GH¢793,239,666.82
Total (for 31 months) - GH¢2,754,925,906.49
The Respondent submitted that the functions of the DDU do not in any
way place the Respondent in a conflict of interest situation. He emphasised
that he is not a member of the DDU. He only receives reports of the DDU
in his capacity as CEO of the PPA and transmits the reports of the DDU to
the Board for its consideration and approval.
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He mentioned that even if the Respondent plays a role in the supervision
of the work of the DDU, which is denied, that is insufficient to ground an
allegation of conflict of interest against him, having regard to the essential
facts of the instant case.
He continued as follows:
a) The price reasonableness or value for money analysis conducted

by the DDU, is of prices quoted by procurement entities and not
prospective suppliers.
b) The DDU has no legal mandate to determine the technical,
professional or environmental qualifications or otherwise of
tenderers in public procurement. Any contention to the contrary
is borne out of ignorance of the provisions of Act 663.
c) Section 22 of Act 663 requires tenderers in public procurement to
demonstrate their qualifications. At the point of consideration of
an application for restricted tendering by the PPA, there is no
tender opened and therefore there would be no tenderer. The duty
of tenderers to demonstrate their qualifications obviously does
not arise. The PPA will have no capacity in law to determine the
qualification or otherwise of tenderers.
d) Checks done by the DDU, including examination of statutory
documents of companies, have a relevance for value for money in
relation to the application for restricted tendering.
e) Further, at the point of consideration of an application for
restricted tendering by the PPA, there is no bid or price tendered
by prospective tenderers. In fact, a company listed in an
application for restricted tendering may not even participate in
the tender when same is opened by the entity upon the grant of
approval for that method by the Board.
f) The Board of the PPA, solely vested with the power to consider
and grant applications for restricted tendering, in accordance with
section 38, evaluates an application and determines whether any
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of the grounds set out in that provision has been satisfied in an
application.
g) The grant of an application for restricted tendering does not
amount to the award of a contract. Neither does the process for
the consideration by the PPA of an application for method of
restricted tendering involve the selection of a particular supplier,
contractor or consultant mentioned in the application. Same
merely constitutes approval for the entity to commence processes
for a tender among the listed companies, in accordance with other
provisions of the law.
h) Section 39(3) of Act 663 requires that procurement entities after
the grant of approval for restricted tendering, apply all the
provisions in Part Five of Act 663 (on competitive tendering), with
the exception of section 47, in the conduct of restricted tendering.
i) Thus, procurement entities are fully responsible for the conduct of
a process of tender, evaluation of bids and selection of the winner
in accordance with Part Five of Act 663. Neither our client nor the
PPA is part of that process.
j) A successful tenderer is selected by the procurement entity in
accordance with section 65 of Act 663, not by either our client or
the PPA.
k) The current Board of the PPA, with the view to strengthening the
procedures relating to the grant of restricted tendering
applications, has been imposing “further requirements” (not
mandated by section 38 of Act 663) on entities, which apply for
restricted tendering. These relate to requiring such entities to
submit to the PPA a copy of the Evaluation Report, copy of Tender
Document and Tenders submitted by tenderers to the PPA, prior
to obtaining concurrent approval from the relevant Review
Committees.
l) The above “further requirements” pertained in all the applications
by various entities in which TDL was one of the listed companies.
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m) It is relevant to note that, pursuant to the “further requirements”
imposed by the PPA Board, in respect of a particular application
for restricted tendering, the Bank of Ghana (which was the
applicant) by a letter dated 8th May, 2019, submitted copies of
Evaluation report, Tender Document and Tenders submitted by
tenderers to the PPA.
Upon a careful consideration of the documents, and following the

discovery of a breach of the rules in favour of TDL, the PPA by a
letter dated 28th May 2019 signed by our client, ordered the Bank
of Ghana to discontinue with the evaluation process (which has
resulted in the TDL being declared a responsive tenderer to move
to the next stage of evaluation process). The PPA further ordered
a re-evaluation to ensure full compliance with procedure. This
resulted in another company eventually emerging the successful
tenderer. This material fact showed that our client rather ensured
strict compliance with due process and all rules by entities that
TDL dealt with.
The Respondent provided copies of the said letters.
The Respondent said that he had taken note of the suggestion in the
documentary that as the CEO of the PPA, he “can communicate the prices”
contained in applications in which TDL has been listed for that company
to win a tender. He argued that the suggestion is “a rather simplistic fashion,
relies on his conjecture and imagination of what is possible. The author fails to
furnish any evidence whatsoever of the occurrence of such a situation or a likely
perpetration of such a potentially contumacious act…” He added that to the
extent that this allegation impinged on the integrity of the Respondent, the
author, Manasseh Azure Awuni owed a duty to furnish such proof. He
concluded that, “Relying on conjectures is simply dangerous and reckless”, and
urged the Commission to disregard same as “speculative, specious and purely
imaginary”.
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• Allegation as a result of the prior information by TDL on prices quoted
by entities, enables TDL to quote prices very close to those provided by
entities
The Respondent stated that
“If the allegation referred to in the preceding paragraph is anything to go

by, it would imply that no successful tenderer pursuant to an application
for restricted tendering, ought to be deemed legitimate. This is because every
successful tender is always below or equal to the budget for the procurement
activity. As a matter of law, the award of a procurement contract by an
entity in excess of the budget for the contract is prohibited. To surmise
wildly, as Manasseh Azure Awuni dangerously does in his documentary,
that because TDL on one occasion tendered an amount of GH¢1,999,600.00
for a contract and the contract sum was GH¢2 million, and therefore conflict
of interest should be inferred against our client, is bizarre, preposterous and
clearly motivated by an uncanny desire to mislead the nation”.
He continued that, the conjectural suppositions in the documentary would

imply that on occasions where TDL had been shortlisted among other firms
to engage in restricted tendering method of procurement, and approval for
same had been granted by the PPA, TDL won all such applications. “The
truth which Manasseh Awuni ether neglected to probe or deliberately refused to
disclose in his documentary, is that, TDL lost 7 of the 15 tenders, won 6 and 2 are
still ongoing. 4 out of the 6 resulting contracts have been fully executed and 2 are
still being executed by TDL.”
He submitted that,
“a conflict of interest allegation must be examined in the light of clear facts

which support a conclusion that a public officer’s personal interest conflicts
with or is likely to conflict with the performance of the functions of his or
her office. The interest ought to be financial or otherwise, direct or indirect,
which must ultimately be clearly proven”. [Okudzeto Ablakwa (N02) &
Another v Attorney General & Obetsebi-Lamptey (No2) (2012) 2
SCGLR 845].
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He argued that the law makes no room for mere conjecture, suspicion or
imagination in a claim of conflict of interest. That “the documentary, apart
from drawing inferences and wildly speculating, did not allude to, show or
establish any facts cognisable as relevant and contemporaneous to the award of the
consideration of the applications for restricted tendering by the PPA in which TDL
was listed, that remotely showed that our client compromised on the rules simply
because TDL had been mentioned in an application by an entity.”
The Respondent further submitted that there is no evidence of any act or

omission on his part to support an allegation that his personal interests
interfered with the performance of his duties and functions. Further, no
personal or private benefit was derived by the Respondent. Simply put, the
Respondent has not contravened article 284 of the Constitution.
• Allegation that our Client’s Position as a Board Member Puts Him in a

Conflict of Interest Situation
The Respondent denied this allegation and stated that it is “…misleading

and betrays a complete ignorance of or disregard for the actual function of the
Board of the PPA in applications for restricted tendering”. He explained, he
already did (supra), that applications for restricted tendering are filed at
the PPA after the entities in question have already identified and
shortlisted companies to participate in the restricted tendering process.
The Board of the PPA, of which the Respondent is a member, is not

responsible for shortlisting companies. Further, in terms of the
provisions of Act 663, the Board has no mandate to determine the
professional, technical and environmental qualifications of
companies to participate in restricted tendering. Same is the lawful
duty of procurement entities. The rationale for this stipulation in Act
663 is that, at the point where the Board of the PPA is considering
applications for restricted tendering, there would be no tender for
suppliers, contractors or consultants to demonstrate their
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qualifications. The law thus makes it the duty of procurement entities
through their relevant entity tender committees to consider and
assess the qualifications of tenderers.
The Board of the PPA is primarily responsible for considering the

validity of applications for the method of restricted tendering in
terms of the grounds set out in section 38 of Act 663 as amended.
After grant of such application, section 39 enjoins the entities to
conduct a tender in accordance with the rules on competitive
tendering set out in Part five of the Act. The entities evaluate bids by
companies, select the successful tenderer and award the contract in
accordance with section 65.
The Board of the PPA does not play a role in such processes, save
where complaints of violations of the procedure are made to it,
pursuant to the powers of administrative review conferred on the
Board by Part Seven of Act 663.
He said that it is amply clear from the above, and the Respondent
will contend that, at the particular point where the Board of the PPA
in accordance with section 38 of Act 663, considers an application for
the use of a method of restricted tendering by an entity and not the
evaluation of tenderers or selection of bids by prospective suppliers
and contractors, the issue of conflict of interest does not arise at all.
Be that as it may, the Respondent continued, it is relevant to say that,

notwithstanding the foregoing, on the occasion of the first
application for restricted tendering involving TDL coming before the
Board of the PPA, the Respondent, in the spirit of transparency,
disclosed his interest in that company. The Board of the PPA required
the Respondent to recuse himself from a consideration of the
application, even though as stated above, the application before the
Board did not involve an evaluation of a bid by TDL or selection of
TDL as a supplier or contractor. In fact, at that point there had been
no tender opened and TDL had not had the opportunity to
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present a bid. The Board thus became fully aware of the interest of
the Respondent in TDL and subsequently took notice. He attached a
copy of a “Resolution” by the Board of PPA which provides:
“…WHEREAS at the 8th Board Technical Meeting held on

Wednesday 17 January 2018, the Chief Executive, Mr. Adjenim
Boateng Adjei, disclosed that he has an interest in a company called
Talent Discovery Ltd., and wanted the Board to take note of this and
subsequent applications that may come up for consideration; and
WHEREAS Mr. Adjei Subsequently recused himself from

discussions on the application concerned.
WHEREAS he went further to state that as and when he becomes

aware of any application made by an entity, which includes the
company in question he will recuse himself from both the assessment
of the application and the Board consideration.
Now therefore, the Board duly took note of this declaration and
disclosure and resolved that having declared his interest in the
company Talent Discovery Ltd., Mr. Adjei be duly recused from
consideration of this application, all other subsequent applications
and the assessment of such applications…”.
The Respondent reiterated that the disclosure was not out of a recognition
of a conflict of interest situation, but purely out of abundance of caution
and in the spirit of transparency. He urged the Commission to take due
cognizance of the specific duties and functions of the Board of the PPA and
the relevant times for the discharge of such functions in order to do
effective justice to the instant complaint and the parties hereto.
He contended that the results of the various tender processes in which TDL
participated further demonstrates the lack of influence of the Board of the
PPA over restricted tendering processes conducted by entities. That
enquiries he conducted, consequent upon the airing of the rather deceptive
and deprecatory documentary, have revealed that, in point of fact, TDL
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lost a significant majority of the tenders in which it participated after the
grant of restricted tendering applications by the Board. TDL lost seven (7)
out of the 15 tenders; won 6 and 2 are still on going.
He mentioned that it “…is mindboggling and questionable why the

“investigative journalist” would not know these material facts, or simply
ignore these material facts in his documentary”. The Respondent
submitted that same could only be attributable to a malicious motive to
mislead the public and that the results of tenders conducted after the
approval of the use of the method of restricted tendering by the PPA, show
the absence of any influence of the PPA over the conduct of tenders by
entities.
Further, he said, most materially, as stated above, pursuant to the “further

requirements” imposed by the PPA Board, in respect of a particular
application for restricted tendering, the Bank of Ghana by a letter dated 8th
May, 2019, submitted copies of Evaluation Report, Tender Document and
Tenders submitted by tenderers to the PPA. Upon a careful consideration
of the documents and following the discovery of breach of the rules in
favour of TDL, the PPA by letter dated 28th May 2019 signed by the
Respondent, ordered the Bank of Ghana to discontinue with the evaluation
process (which had resulted in the TDL being declared the winning
tenderer). The PPA further ordered a re-evaluation to ensure full
compliance with procedure.
He stated that the action taken by Respondent in the case of the Bank of
Ghana, showed the absence of any motive on the part of Respondent to
favour TDL, and for that matter, the absence of any conflict of interest. That
to all intents and purposes, the Respondent rather ensured compliance
with due process by TDL and entities TDL was dealing with. Therefore, the
Respondent said he was surprised that the “investigative journalist” did
not notice this material fact or did not bring it to the attention of the pubic.
The Respondent concluded his comments by stating:
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“On account of all of the above, we submit that there is no evidence of any
act or omission on the part of our client supporting an allegation of having
discharged his duties as a public officer for the benefit of a company he has
an interest in. Complainant has not demonstrated how our client’s personal
interests interfered with the performance of his duties and functions. For
him, the documentary was carefully constructed to negatively taint the
diligent work and accomplishments by our client in service to the nation as
one of the most successful CEOs of the PPA in the history of Ghana”.
The “allegations in the documentary against our client are simply anchored
on assumptions and conjectures, and betray gross unfamiliarity with the
laws on public procurement in Ghana. Same should be dismissed as
unmeritorious”.
3.2. Preliminary Observations/Comments
As noted above, Counsel for the Respondent had made preliminary

observations/comments as part of his written comments to the
Commission. In his preliminary observations, Counsel argued as follows:
1. We note that no particulars of conflict of interest whatsoever were made out

in your letter to our client. Neither did your letter indicate with any clarity
the specific matters contained in the letter by His Excellency the President
or the documentary by Manasseh Azure Awuni constituting conflict of
interest.
Regulation 2(1) (c) and (d) of the Commission on Human Rights and
Administrative Justice (Investigations Procedure) Regulations, 2010 (C. I.
67) requires particulars of a complaint or the nature of injustice perpetrated
as a result of the action, inaction or omission of the body, organization or
person against whom the complaint is made, to be set out in a petition.
Regulation 2(3) and (4) of C.I. 67 mandates the Commission to request
additional information from the complainant, before transmitting the
complaint to the “Respondent” in accordance with Regulation 3. This is
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part of the duty of the Commission to assess if “complainant” satisfies the
requirements of the law, before calling upon a “Respondent” to answer.
We respectfully observe that your Commission neglected to either provide

particulars of conflict of interest in the letter to our client, or request for
additional information from the “complainant”.
2. Further, your letter alludes to “a letter of complaint from His Excellency the
President Nana Addo Dankwa Akufo-Addo”. We note that the said “letter
of complaint” also refers to allegations by Manasseh Azure Awuni, an
investigative journalist.
In the circumstances, the identity of the complainant is not sufficiently made

clear.
3. Notwithstanding the failure to set out particulars of conflict of interest in

the letter to our client and the lack of clarity about the identity of the
complainant, our client elects to deliver a response to the allegations levelled
against our client.
4. The decision of our client to respond to the allegations against him, the above
flaws in the letter to him notwithstanding, is motivated by a desire to achieve
a swift and efficient determination of the claims against him. Our client
takes note of, and is concerned by, the negative publicity and grave harm to
his reputation caused by the false and erroneous allegations against him
contained in the documentary by Manasseh Azure Awuni”.
Although the Commission gave its ruling on the preliminary observations

dismissing same as misplaced, the Commission nonetheless deems it
appropriate to reaffirm its ruling in this decision.
The Commission’s investigations are governed by the:
• Constitution;
• Commission on Human Rights and Administrative Justice Act,
1993 (Act 456); and
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• Commission on Human Rights and Administrative Justice
(Investigation Procedure) Regulations, 2010 (C.I. 67).
The Commission’s letter No. CHRAJ/241/2019/259 dated 27th August, 2019,

which invited the Respondent to either admit or deny the allegations made
it clear that the request is made under Article 287 of the 1992 Constitution,
the complaint having been made under Articles 284 and 287(1). Counsel
for Respondent, however, made reference to Regulations 2(1) (c) & (d); (3)
and (4) of C.I.67, in support of his claim that the …Commission neglected to
either provide particulars of conflict of interest in the letter to our client
(Respondent), or request for additional information from the “complainant”.
Regulation 2 of C.I.67 provides as follows:
Contents of complaint
(1) A person who lodges a complaint with the Commission shall

include…
(c) particulars of the complaint together with copies of

relevant documents;
(d) the nature of injustice perpetrated as a result of the action,

inaction or omission of the body, organisation or person
against whom the complaint is made;
(3) The Commission shall determine the time frame within which
a complainant shall receive a response to a complaint lodged
with the Commission.
(4) A complainant shall provide additional information requested
by the Commission in respect of a complaint within three
months after receipt of the request in writing from the
Commission”.
On the claim of “no particulars of conflict of interest made out”, the

Commission is of the view that particulars of the allegations of conflict of
Page 19 of 188
interest are sufficiently discernible as per paragraph 4 of letter No.
CHRAJ/241/2019/259 of 27th August 2019 which stated that: “In substance, the
complaint makes reference to allegations contained in a recent documentary
produced by investigative Journalist Manasseh Azure Awuni headlined
“Contracts for Sale”, which was aired on Joy Prime TV on Wednesday August 21,
2019. A copy of the said documentary is contained in the USB Drive herein
enclosed”.
The statement by the Counsel for the Respondent at page 4 of the Answer
of Respondent dated 5th September, 2019 under the heading: “Allegation
that the function of the Due Diligence Unit of the PPA places our Client,
A.B. Adjei in a Conflict of Interest Situation”, supports the Commission’s
position on this matter that the allegations of conflicts of interest were
sufficiently discernible from paragraph 4 of its letter dated 27th August,
2019.
Similarly, on page 10 of the Answer of Respondent to the Commission,

Counsel further confirmed that the particulars of allegations of conflict of
interest were sufficiently discernible in this fashion: “allegation that our
client’s position as a board member puts him in a conflict of interest situation”.
The question is, how did Counsel and/or Respondent obtain particulars of
the above two conflict of interest situations since Counsel says the
Commission’s letter to his client contains no such particulars? The answer
is not far-fetched: The Respondent and/or his Counsel must have watched
the video documentary as directed in paragraph 4 of the Commission’s
letter numbered CHRAJ/241/2019/259 dated 27th August 2019.
The admissions in paragraphs 10 and 11 of Counsel’s response/answer

indicate clearly to the Commission that there is no doubt in the mind of the
Respondent as to the allegations of conflict of interest made against him in
the documentary contained in the USB Drive attached to the Commission’s
letter No. CHRAJ/241/2019/259 of 27th August, 2019.
Page 20 of 188
Under the rules of evidence on admissions, the issue of whether or not “no
particulars of conflict of interest made out” in the Commission’s letter No.
CHRAJ/241/2019/259 dated 27th August 2019 is no longer in contention.
Black’s Law Dictionary, 7th edition, page 48, defines admission in law as “a
voluntary acknowledgement of the existence of facts relevant to an adversary’s
case”. Additionally, Justice S. A. Brobbey (JSC), in his book, Essentials of
the Ghana Law of Evidence, 2014, at page 112 states that: “The importance
of admissions lies in the fact that the court [Commission emphasis added] can act
on them without proof of the facts constituting the admissions.” In the
circumstances the Commission is satisfied that the Respondent is aware of
the particulars of conflict of interest made against him.
The Commission notes that Regulation 2(4) of C.I. 67 as set out above is a
general provision that grants discretion to the Commission to request and
obtain additional information from a Complainant whenever the
Commission is not satisfied that the information on the complaint lodged
is inadequate and that additional information is necessary to aid further
investigations into that given complaint. This regulation does not in any
way make it mandatory that the Commission should, at all times, request
for additional information from Complainants on receipt of a complaint as
suggested by Counsel for the Respondent.
In the instant case, the Commission was satisfied with the particulars of the
allegations of conflict of interest in the complaint and so did not need to
invoke its powers to request additional information under Regulation 2 (4)
of C.I. 67.
Regarding preliminary observation/comment (ii), it is the considered

view of the Commission that the identity of the Complainant is not in
doubt. The Secretary to the President, Nana Bediatuo Asante, on the
letterhead of the Office of the President, Republic of Ghana, Jubilee House,
Accra, No. OPS 127 Vol.3/19/1141 of 22nd August 2019 (as already set out
above), requested the Commissioner of the Commission to investigate
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allegations of conflict of interest made against the Respondent, who is an
appointee of the President.
The letter in question is quite clear that the person referring the allegations
of conflict of interest against the Respondent to the Commissioner is the
President of the Republic of Ghana. The address of the President of the
Republic of Ghana including a digital address and the telephone numbers,
were provided. Thus, the identity of the person submitting the allegations
and requesting the Commissioner to investigate them is H.E. Nana Addo
Dankwa Akufo-Addo, President of the Republic of Ghana. This fact is not
in doubt because we do not have two persons as Presidents of the Republic
of Ghana at the time the Commission received the complaint and same
submitted to the Respondent for his comments.
The Commission further holds that Counsel ought to know who is the
President of the Republic of Ghana, particularly when our letter No.
CHRAJ/241/2019/259 of 27th August, 2019 stated in paragraph 1 that: “The
Commission on Human Rights and Administrative Justice (the Commission) has
received a letter of complaint together with a video recording from the President of
the Republic of Ghana, His Excellency Nana Addo Danquah Akufo-Addo (the
Complainant), which contains allegations of conflict of interest made against you,
Mr. Adjenim Boateng Adjei (the Respondent), which conduct if proven would be
in contravention of Article 284 of the 1992 Constitution (the Constitution)” .
We further hold that the procedures for invoking the investigative
machinery of the Commission under Chapter 24 of the Constitution was
settled in the case of Republic v High Court (Fast Track Division) Ex
parte, Commission on Human Rights and Administrative Justice
(Interested Party, Richard Anane) [2007-8] SCGLR 213 (the Anane Case).
In this case the Supreme Court held that there must be an identifiable
complainant, be he/she an individual or body of persons or even bodies
corporate before the Commission. The identifiable complainant, who need
not be the victim, must file a complaint, which might be in writing or even
if it was given orally to a representative in the region or the district, such
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representative should reduce it into writing and sign it and the
complainant should also sign or thumbprint it.
Nevertheless, the Commission can on its own initiative conduct

investigations into allegations of corruption or suspected corruption,
including suspicions of corruption that may have come to its notice
through various sources including the media: The Anane case (supra).
In respect of preliminary observations/comments (iii) and (iv), the

Commission accepted Counsel for the Respondent’s election “to deliver a
response to the allegations levelled against” the Respondent, who actually
delivered a 33-paragraphed answer in response to our request for
comments. Having reviewed the preliminary observations/comments of
the Respondent, the Commission was left in no doubt that the preliminary
observations were misplaced, and accordingly dismissed them and
continued with the investigations.
4.0 MANDATE OF THE COMMISSION
4.1. 1992 Constitution
The Commission was established pursuant to article 216 of Chapter 18 of

the 1992 Constitution of the Republic of Ghana. Article 218 of the
Constitution provides for the functions of the Commission to include the
following:
(a) investigate complaints of violations of fundamental rights and
freedoms, injustice, corruption, abuse of power and unfair
treatment of any person by a public officer in the exercise of his
official duties;
(b) investigate complaints concerning the functioning of the Public

Services Commission, the administrative organs of the State, the
Armed Forces, the Police Service and the Prisons Service in so far
as complaints relate to the failure to achieve a balanced structuring
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of those services or equal access by all to the recruitment of those
services or fair administration in relation to those services…”
(e) investigate all instances of alleged or suspected corruption and

the misappropriation of public monies by officials and to take
appropriate steps, including reports to the Attorney-General and
the Auditor-General, resulting from such investigations;
(f) educate the public as to human rights and freedoms…
(g) report annually to Parliament on the performance of its

functions”
The Commission is also mandated to investigate an allegation that a public

officer has contravened or has not complied with the Code of Conduct for
Public Officers under Chapter 24 of the Constitution (Articles 284-288).
Chapter 24 of the Constitution provides as follows:
Article 284 Conflict of interest

Article 287 Complaints of Contravention
(1) An allegation that a public officer has contravened or has not


Page 24 of 188
4.2. Commission on Human Rights and Administrative Justice Act, 1993

(Act 456)
Section 7 of Act 456 restates the functions and powers of the Commission
as provided under Articles 218 and Chapter 24 of the Constitution (supra).
Section 7(1) provides that:

(1) In accordance with article 218 of the Constitution, the functions
of the Commission are:
(a) to investigate complaints of violations of fundamental
rights and freedoms, injustice, corruption, abuse of power
and unfair treatment of any person by a public officer in the
exercise of his official duties;
(b) to investigate complaints concerning the functioning of

the Public Services Commission, the administrative organs
of the State, the Armed Forces, the Police Service and the
Prisons Service in so far as complaints relate to the failure to
achieve a balanced structuring of those services or equal
access by all to the recruitment of those services or fair
administration in relation to those services…
(e) to investigate an allegation that a public officer has

contravened or has not complied with a provision of Chapter
Twenty-four (Code of Conduct for Public Officers) of the
Constitution
(f) investigate all instances of alleged or suspected corruption

and the misappropriation of public monies by officials and
to take appropriate steps, including reports to the Attorney-
General and the Auditor-General, resulting from such
investigations;
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The Commission’s mandate in respect of allegations of contravention of
Chapter 24 of the Constitution has received judicial pronouncement by the
Supreme Court in Okudzeto Ablakwa (No. 2) & Another v. Attorney-
General & Obetsebi-Lamptey (No.2) [2012] 2 SCGLR 845, that article 287
of the 1992 Constitution makes it mandatory that complaints under
Chapter 24 of the 1992 Constitution are to be investigated exclusively by
the Commission on Human Rights and Administrative Justice. Brobbey
JSC giving the lead opinion of the court held as follows:
“The issue of conflict of interest raised here can easily be resolved by recourse
to the 1992 Constitution. Article 287 mandates that complaints under
Chapter 24 of the 1992 Constitution are to be investigated exclusively by
the Commission for Human Rights and Administrative Justice…since
specific remedy has been provided for investigating complaints of conflict of
interest, the plaintiffs were clearly in the wrong forum when they applied to
this court to investigate complaints relating to conflict of interest involving
those Public officers. This was the decision of this court in Yeboah vs
Mensah [1998-1999] SCGLR 492 which endorsed similar decision of the
court in Edusei vs Attorney General [1998-1999] SCGLR 753”.
In the same case, Atuguba (JSC) also stated:
“It is settled law that where a special remedy has been provided for a matter,
only that remedy must be resorted to unless there is anything to the
contrary, see Ghana Bar Association vs Attorney General and Justice
Abban [2003-2004] SCGLR 250, Yeboah vs J.H Mensah [1998-1999]
SCGLR 492.
On the procedure for invoking the investigative machinery of the

Commission under Chapter 24 of the Constitution, it has been held in
Republic v High Court (Fast Track Division) Ex parte, Commission on
Human Rights and Administrative Justice (Interested Party, Richard
Anane [2007-8] SCGLR 213 (the Anane Case), that there must be an
Page 26 of 188
“identifiable complainant, be he an individual or body of persons or even
bodies corporate before the Commission. The identifiable complainant, who
need not be the victim, must file a complaint, which might be in writing or
even if it was given orally to a representative in the region or the district,
such representative should reduce it into writing and sign it and the
complainant should also sign or thumbprint it”.
As already indicated, the complaint was submitted by the President of the

Republic of Ghana, through the Secretary to the President, Nana Bediatuo
Asante, on the official letterhead of the Office of the President, an
identifiable complainant, to the Commission for investigations. The
complaint was duly signed. The complaint identified the Respondent who
is the Chief Executive Officer of the PPA, a public officer. The complaint
alleged conflict of interest under the Chapter 24 of the 1992 Constitution.
Therefore, the Commission is satisfied that its mandate has been properly
triggered.
5.0. APPLICABLE CONSTITUTIONAL, LEGAL AND POLICY

FRAMEWORK
The Commission was guided in its investigation by the overarching values

and principles espoused in the 1992 Constitution, as well as the legal,
regulatory and policy framework relating to the proper conduct of public
officers who have been entrusted with the functions of state, as well as
others dealing with the subject matter under investigation. The relevant
provisions of the Constitution and the applicable legislation and policy
framework are provided below.
5.1. The 1992 Constitution
The Preamble to the Constitution, inter alia, solemnly declares and affirms
Ghana’s commitment to freedom, justice, probity, and accountability, and
the rule of law.
Page 27 of 188
Article 35(8) provides thus:
The State shall take steps to eradicate corrupt practices and abuse
of power.
Article 219 (1) provides:
“The powers of the Commission shall be defined by Act of

parliament and shall include the power –
(a) to issue subpoenas requiring the attendance of any person

before the Commission and the production of any document
or record relevant to any investigation by the Commission;
(b) to cause any person contemptuous of any such subpoena

to be prosecuted before a competent court;
(c) to question any person in respect of any subject matter

under investigation before the Commission;
(d) to require any person to disclose truthfully and frankly

any information within his knowledge relevant to any
investigation by the Commissioner.
Article 284 of the 1992 Constitution provides that:

Article 287 Complaints of Contravention
(1) An allegation that a public officer has contravened or has not

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Article 288 on Interpretation

In this Chapter, unless the context otherwise requires, “public
officer” means a person who holds a public office.
Article 295(1) of the Constitution defines public office to include:

“an office the emoluments attached to which are paid directly from
the Consolidated Fund or directly out of the moneys provided by
Parliament.”
5.2 Company’s Act, 1963 (Act 179)
Section 180 – Number of directors

(1) A company incorporated after the commencement of this Act
shall have at least two directors.
(3) If at any time the number of directors is less than two in a breach
of subsection (1) or subsection (2), and the company continues to
carry on business for more than four weeks after that time, the
company and every director and member of the company who is in
default is liable to a fine not exceeding [twenty-five penalty units]
for every day during which it so carries on business after the
expiration of four weeks without having at least two directors.
(4) Every director and every member of the company who is
cognizant of the fact that it is carrying on business with fewer than
two directors are jointly and severally liable for the debts and
liabilities of the company incurred during that time.
(5) Subject to this section, the number of directors shall be fixed
by, or in accordance with, the company’s Regulations.
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Section 197- Registration of particulars of directors and secretaries
shall include the particulars specified in the register in the
statement required to be sent to the Registrar in accordance
with section 27.
(3) A company shall, within twenty-eight days of a change

occurring among its directors or in its secretary or in any of
the particulars contained in the register, other than those
required under paragraph (e) of subsection (2) of section 196
send to the Registrar for registration notification in the
prescribed form of the change, specifying the date of the
change.
(4) Where a company defaults in complying with subsection (1)

or (3) , the company and every officer of the company who is
in default is liable to a fine not exceeding (twenty-five
penalty units) for every day during which the default
continues.
(5) A director or secretary who resigns from office shall be

deemed to be in default unless notification of the resignation
is duly given to the Registrar in accordance with subsection
(3) of this section.
The same provisions are repeated under Sections 171 and 216 of the new
Company’s Act, 2019 (Act 992).
5.3. Public Procurement Act, 2003 (Act 663) (as Amended)
The Public Procurement Act, 2003 (Act 663) (as Amended) by Act 914
which is the principal legislation that regulates the PPA’s operations
provides in the following sections as follows:
Section 2 on Object of the Board

The object of the Authority is to harmonize the processes of public
procurement in the public service to secure a judicious, economic
Page 30 of 188
and efficient use of state resources in public procurement and
ensure that public procurement is carried out in a fair, transparent
and non-discriminatory environmentally and socially sustainable
manner.
Section 3 on Functions of the Board

In furtherance of its object the functions of the Authority shall
include:
(d) monitor and supervise public procurement and ensure
compliance with statutory requirements;
(e) have the right to obtain information concerning public
procurement from contracting authorities;
(i) advise Government including Metropolitan, Municipal
and District Assemblies on issues relating to public
procurement;
(o) maintain a register of procurement entities and members
of and secretaries to tender committees of public
procurement entities;
(p) maintain a data base of suppliers, contractors and
consultants and a record of prices to assist in the work of
procurement entities.
Section 6 of Act 663 “Meetings of the Board” provides:

(1) The Board shall meet at least once every three months for the
dispatch of business at the times and places determined by the
chairperson.
(2) The chairperson shall preside at meetings of the Board and in
the absence of the chairperson the vice-chairperson shall preside
and in the absence of both, the members shall elect one of their
number to preside.
(3) The quorum for a meeting of the Board is five including the
chief executive officer.
(4) The Board may co-opt a person to act as adviser at a meeting of
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the Board but a co-opted person does not have the right to vote on
a matter before the Board for decision.
(5) The validity of the proceedings of the Board shall not be
affected by a vacancy among its members or by a defect in the
appointment or qualification of a member.
(6) Except as otherwise expressly provided, the Board shall
determine the procedure for its meetings.
Section 7on Committees of the Board

The Board may for the performance of its functions appoint
committees of the Board comprising members of the Board or non-
members or both and may assign to a committee a function of the
Board as determined by the Board, but a committee composed
entirely of non-members may only advise the Board.
Section 8. Secretariat of the Authority

(1) The Authority shall have a secretariat with the divisions and
structures determined by the Board as may be necessary for the
effective execution of its functions.
(2) The Authority shall have an officer to be designated the
secretary who shall perform the function of keeping accurate
records of proceedings and decisions of the Board and any other
functions directed by the chief executive officer.
(3) The Authority may engage the consultants and advisers who it
may require for the proper and efficient performance of the
functions of the secretariat.
Section 9. Chief Executive of the Authority

(1) The chief executive officer of the Authority shall be appointed
by the President in accordance with article 195 of the Constitution.
(2) The chief executive officer shall hold office on the terms and
conditions specified in the letter of appointment to office.
(3) Subject to the general directions that the Board may give, the
Page 32 of 188
chief executive officer is responsible for the day-to-day
administration of the secretariat of the Authority and the
implementation of the decisions of the Board.
(4) The chief executive officer may delegate a function of the office
of the chief executive officer to an officer of the secretariat but is
not relieved of the ultimate responsibility for the performance of
the delegated function.
Section 92. Offences relating to procurement

(1) A person who contravenes a provision of this Act commits an
offence and where a penalty is not provided for the offence, that
person is liable on summary conviction to a fine not exceeding two
thousand five hundred penalty units or a term of imprisonment
not exceeding five years or to both the fine and the imprisonment.
(2) The following also constitute offences under this Act:
(a) directly or indirectly influencing in any manner or
attempting to influence in any manner the procurement process
to obtain an unfair advantage in the award of a procurement
contract; and
(d) request for clarification in a manner not permitted under this
Act
(3) Despite anything to the contrary in an enactment, a person who
contravenes a Regulation made under this Act is liable on
summary conviction to a fine of not more than two thousand five
hundred penalty units or a term of imprisonment not more than
five years or to both.
Section 93. Corrupt practices

(1) Entities and participants in a procurement process shall, in
undertaking procurement activities, abide by the provisions of
article 284 of the Constitution.
(2) An act amounts to a corrupt practice if so construed within the
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meaning of corruption as defined in the Criminal Offences Act,
1960 (Act 29).
5.4. Code of Conduct for Public Officers of Ghana and Guidelines on

Conflict of Interest
The Code of Conduct for Public Officers of Ghana (the Code) contains
minimum standards of conduct for public officers as provided for in
Chapter 24 of the Constitution. The Code seeks to promote integrity,
probity and accountability, dedicated and faithful service to the Republic
of Ghana.
The minimum standards of conduct in the Code provide, among others,

that public officers shall not put themselves in a conflict of interest
situation. To assist public officers, identify, manage and resolve conflicts of
interests, guidelines were also issued, titled “Guidelines on Conflict of
Interest to Assist Public Officials Identify, Manage and Resolve Conflicts
of Interest” (the Guidelines).
Both the Code and the Guidelines were issued as administrative and
operational framework/guidelines for implementing the intendment of
Chapter 24 of the Constitution.
The Guidelines provides in the following clauses as follows:
Rule 3.1- “Conflicting Financial Interests”:
A public official shall not participate in an official capacity in any

particular matter which to his knowledge:
i. he/she has a financial interest; and

ii. any person whose interests are imputed to him in any way has a
financial interest if the particular matter will have a direct effect
on that interest.
Rule 3.2 - Self-dealing:

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A public official shall not take an action in an official capacity which
involves dealing with himself/herself in a private capacity and which
confers a benefit on himself/herself.
Rule 3.5.1. - Use of Public Office for Private Benefit
“A public official shall not use his public office for his/her own private
benefit, for the endorsement of any product, service or enterprise, or
for the private benefit of friends, relatives, or persons with whom the
public official is affiliated in a private capacity, including political
parties, non-profit organizations of which he/she is an officer or
member, and persons with whom the public official has to seek
employment or business relations”.
Rule 3.5.3. Use of Non-Public or Confidential Information
Public officials owe it a duty to respect and protect non-public or

confidential information to which they have access in the course of
their official duties. As such, public officials should not disclose to
others, or use to further their personal interest, such information
acquired by them in the course of their official duties.
Rule 4.0 - Dealing with conflict of interest situations
As soon as conflict of interest situation is foreseeable, the public

official must take all appropriate steps to extricate himself/herself from
the situation. Such steps may include:
i. reporting the conflict of interest situation and its

circumstances to his/her superior officer, or
ii. removing himself/herself from the conflict of interest situation.
Rule 4.2. - Disclosure of Conflicting Interests
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Whenever a conflict of interest situation occurs or is likely to occur,
the public official must make a disclosure of the situation as provided
by law or as follows:
What to disclose: Assets and liabilities, gifts, conflicting

interests, outside employment, and NGO activities.
How to disclose: In writing, verbal and surrendering the item.
When to disclose: As soon as a conflict of interest situation

occurs or is likely to occur, and when in doubt.
To Whom: CHRAJ, superior officer/head of institution; ethics

committee or compliance officer or a similar set up within the
institution.
6.0. ISSUES IDENTIFIED FOR THE INVESTIGATION
The following were identified as the key issues for determination:

1) Whether or Not the Respondent Established Talent Discovery
Limited (TDL) a Few Months after he was Appointed CEO of PPA;
2) Whether or Not the Respondent had Resigned as Director of TDL at
all Material Times;
3) Whether or Not Contracts Awarded to TDL by Ministries,
Departments and Agencies (MDAs) and other Public Procurement
Entities between June 2017 and August 2019 were mainly through
Single Source and Restricted Tender;
4) Whether or Not TDL was involved in the sale of State contracts
awarded to it;
5) Whether or Not the Respondent used his office improperly for the
benefit of TDL and other companies affiliated to him;
6) How does the Respondent explain the volume of Cash that passed
through his Bank Accounts between March 2017 and August 2019
(Unexplained Wealth); and
Page 36 of 188
7) Whether or Not the Respondent put Himself in a Position where his
Personal Interest Conflicted or was Likely to Conflict with the
Performance of the Functions of his Office.
7.0. THE INVESTIGATION
The Commission employed several methods in conducting the

investigations. The methods included review of comments, request and
review of documents, review of the documentary on the “Sale of
Contracts”, interview of witnesses, and inspection of sites, among others.
The Commission interviewed over 20 witnesses including the following:
o Mr. Adjenim Boateng Adjei, Respondent

o Manasseh Azure Awuni, Investigative Journalist
o Frank Mante, Ag. CEO, PPA
o Prof. Douglas Boateng, Board Chair, PPA
o Stephen Nkrumah Dampare, Chief Manager, Materials
o Hubert Osei-Wusuansah, Acting Director, Hydrological Services
Department, (HSD)
o Hon. Hawa Koomson, Minister, MSDI
o Thomas Amoah, Administrative Manager, TDL (also sometimes
described as Project Manager or General Manager or Group Manager
of TDL)
o Kennedy Kludjeson, the Volta Regional Director of Hydrological
Services Department (HSD)
o Nicholas Adjei, K. Adjei Enterprise
o Opoku Agyemang, Asst. Headmaster, Administration, Collins SHS,
Agogo
o Mr. Edward Labi-Kumi , Headmaster, Collins SHS, Agogo
o Chief Adamu Mohammed Naa Annabi (Hausa Chief), Oda
o Mr. Francis Cofie Onai, Head of Works Department of the Birim
Central Municipal Assembly, Akim Oda
Page 37 of 188
o Hon. Victoria Adu, the Municipal Chief Executive, Birim Central
Municipal Assembly, Akim Oda
o Bismark Addae, Building, Construction Tutor, Tuobodom
SHS/Technical School, Techiman
o Charles Agyapong, Headmaster, Tuobodom SHS/Technical School,
Techiman
o Mohamed Akalifah, Municipal Coordinating Director (MCD) of the
Bimbilla Municipal Assembly
o Mr. Abdulai Yakubu, the MCE, Bimbilla
o Francis Arhin, CEO, TDL
o Alhassan Yakubu, the Binduri District Coordinating Director
o Alhaji Mohamadu Assibi Azoko, the Upper East Regional
Coordinating Director,
o Mr. Alhassan Ibrahim, the Upper East Regional Economic Planning
Officer,
o Ms. Paulina Patience Abayage, the Upper East Regional Minister
The Commission also obtained over 100 documents from a number of the
institutions and sources, including the following:
o Registrar-General’s Department;
o Financial Intelligence Centre;
o Ministry of Works and Housing;
o Hydrological Services Department;
o Public Procurement Authority;
o Ghana Ports and Harbours Authority;
o Bank of Ghana;
o Ghana Cocoa Board;
o Ministry of Education;
o Ministry of Inner Cities and Zongo Development;
o Ministry of Special Development Initiatives, and
o Ghana Water Company Limited.
Page 38 of 188
The Commission also visited locations where TDL was alleged to have
been awarded contracts, among them, Akatsi in the Volta Region, Agogo
in the Asante Akim North, Ashanti Region, Tuobodom Senior
High/Technical School at Techiman, Bimbilla in the Savanna Region, Oda
in the Eastern Region and Binduri in the Upper East Region.
8.0. SUMMARY OF EVIDENCE
8.1. Interviews

(c) to question any person in respect of any subject matter

under investigation before the Commission;
(d) to require any person to disclose truthfully and frankly

any information within his knowledge relevant to any
investigation by the Commissioner.
• Adjenim Boateng Adjei (Respondent)
On 12th and 16th June 2020, the Commission met with the Respondent and
his Solicitors, Mr. Oppong and Mr. Francis Baah.
Before the interview commenced, the Solicitors for the Respondent made
two observations. The first was to stipulate that since they were privy to
the content of the video, it should not be replayed in order to save time for
the Respondent to respond to issues pertaining to the allegations.
For the second observation, Counsel rehashed of the preliminary

observations made in the Respondent’s written comments to the
Commission dated 5th September, 2019 and invited the Commission to rule
on their preliminary observations, which the Commission duly obliged per
its letter number CHRAJ/241/2019/25 dated 6th July, 2020.
Page 39 of 188
At the interview with the Commission, the Respondent admitted that he
incorporated Talent Discovery Limited (TDL) together with his brother-in-
law, Francis Kwaku Arhin. He said he was one of the shareholders and a
Director of TDL. He indicated that he has a 50% shareholding, but noted
that during the registration an error occurred and the records reflected that
he was the majority shareholder with 60% of the shares. Mr. Adjei said he
doubled as the Chairman of TDL, but on 5th September 2017 he resigned as
a Director and Chairman of the company. But this has not reflected in the
records at the Registrar-General’s Department.
The Respondent explained that TDL was incorporated in June 2017, three
(3) months after he assumed office in March 2017 as the Chief Executive
Officer (CEO) of the Public Procurement Authority (PPA).
On the “genesis" of the incorporation of TDL, the Respondent said:
“… this is a brother-in-law who decides to relocate from London to Ghana.

So, when he came because we have been communicating over years because
of the relationship we have, and I knew him that he was a contractor in the
UK. So, he came and said he wants to settle down. So, can we do something
together and I said why not. But let me put it this way, we would put the
company together, but you would run it.
At the time of establishing this company, I was about to turn to the year
fifty-nine (59). So, I said, you could have this company, we can have it
together, but you run it, so when I leave public office, then I can come fully
and join you. So, with that understanding, that company was
established…”
He said other companies he incorporated later were limited liability

companies and not subsidiaries. Although the signage of TDL describes it
as a “Group”, Mr. Adjei indicated that the signage was a misplacement and
that there was no company called TDL Group Limited. He mentioned that
TDL Transport and Logistics, TDL Freight Forwarding, and TDL Agro and
Chemical Industries are some of the limited liability companies, and that
Page 40 of 188
anything TDL was between him and Francis Arhin. Besides that, he
established Frosty Ice with his wife.
Regarding the allegation that TDL wins government contracts and sells
them, Mr. Adjei said that could not be true. According to him, when he
took over office the Board and the various Committees had been dissolved,
meanwhile, various entities continued to submit applications for
consideration and approval to award contracts. However, the mandate to
give approval is vested in the PPA Board and not the CEO. As a result, he
wrote to the Ministry of Finance (MoF) to give him a Power of Attorney to
carry on business pending the reconstitution of the Board. He said after the
approval was given, he set up a Management Team to consider the
numerous applications for subsequent ratification by the Board of PPA.
According to him, a Board for PPA was put in place in September 2017.
Mr. Adjei stated that on 31st January 2018 he saw the first request from an
Entity with TDL listed. He said he duly declared his interest in TDL to the
Board and accordingly recused himself. He said that the Board
commended him and said any time something like that happens, he should
declare. He stressed that it could, therefore, not be true that TDL was set
up by him ostensibly to win government contracts and sell them.
The Respondent denied being a director in any other company apart from
TDL and those companies he mentioned earlier. However, when names of
companies he listed while registering TDL in 2017 were read out to him,
the Respondent finally admitted having Directorship in them.
He said he used to work with one of the subsidiaries of Zoom Lion which
bought shares in Aqua Safari Resort where he was made a Director. Mr.
Adjei said in his lifetime he had registered many companies and admitted
being a Director in the following companies, some of which he said are
currently not operating: Beachfront Stevedoring Co. Ltd.; Best Brain Gh.
Ltd.; Bestman Offshore Ghana; Diligent Cover Limited; Holidays Hills
Resort Limited; Runway View Association (Resident Association of where
Page 41 of 188
he lives); Springfield Resource Development; Talent Movers Ghana Ltd.;
and AAC Financial Services Ltd.
Mr. Adjei further stated that he used to receive Director’s fees at Aqua
Safari Resort but because he has not attended meetings for the last 4 or 5
years, he has not received anything from the company. However, the only
company from which he currently receives any payments is Beachfront
Stevedoring Company Limited.
The Commission, having studied the trend of transactions on the

Respondent’s accounts at Stanbic Bank, Airport City Branch, which he
opened the month after his appointment as the Chief Executive Officer of
the PPA in March 2017, found that one Faustina Mildred and one
Christabel had been depositing large cash into the accounts, asked the
Respondent if he knew them. The Respondent confirmed that Faustina
Mildred and Christabel were his Relations Officers at Stanbic. Asked about
the cash payments by Faustina Mildred and Christabel, he said that he
often carried the cash to them to make the deposits.
In respect of the Due Diligence Unit (DDU) and its functions, Mr. Adjei
said that when he assumed office, he set up the DDU to help operationalise
the PPA mandate to approve Restricted Tendering (RT) and or Single
Source (SS) procurement in accordance with section 40 of the Public
Procurement Act, 2003 (Act 663). According to him, there was the need to
conduct due diligence into projects on application to ensure value for
money and to protect the public purse. He explained that the task of the
DDU is to consider background of companies or suppliers to ensure they
are qualified according to law and review the prices quoted for the projects.
He said that the reports and recommendations of the DDU is submitted to
him for onward submission to the Board for consideration.
Regarding the process through which applications pass, Mr. Adjei said that
he receives the applications from the Procurement Entities, and he minutes
on them to the Chair of the DDU for due diligence assessment. After the
DDU has finished its work, it reports to him and he in turn submits the
Page 42 of 188
report to the Board for consideration. He explained that the DDU is not a
Board Committee.
The Respondent explained further that the Board has several Committees
including the Board Technical Committee (BTC), a five-member
Committee that sits and considers applications for restricted tender or
single source procurement, although in practice other members could
attend the BTC meetings.
The Respondent said that the BTC Report must be approved by the Board.
He indicated that the approval from the Board is a conditional approval.
Thus, where the Board gave approval and requested an entity to provide
further information, upon the receipt of the said information, it did not go
to the Board again for consideration.
On why the DDU passed TDL, when its minimum number of directors fell
short of the minimum number of two, after he (Adjei) had resigned as
director of TDL, he said that he communicated the decision of his
resignation to TDL, but was not in the position to know if the said changes
had been effected and his directorship replaced. He could not also indicate
who the signatories for the returns filed by TDL are. He stressed that he
had resigned per his letter to the TDL.
In conclusion, the Solicitors for the Respondent drew the Commission’s

attention to a disclaimer issued by Solicitors of B-Molie Ltd in the 5th
September 2019 edition of the Daily Graphic, distancing itself from both
TDL and Mr. Adjei. Solicitors for the Respondent asked if they could bring
a response in that regard. They were told that a response was not
necessary.
The Respondent was requested to furnish the Commission with a copy of

the letter he wrote to the Ministry of Finance for a Power of Attorney to set
up the Management Committee. Respondent said a copy would be on file
at PPA but failed to make copy available to the Commission.
Page 43 of 188
Respondent was also requested to provide the Commission with a soft
copy of his letter of resignation as Director and Chairman of TDL. He said
a soft copy of the required letter was not available. Moreover, he said the
issue is a private one.
• Manasseh Azure Awuni,
The Investigative journalist whose documentary triggered the complaint

and the present investigation, met with the Commission on 12th September
2019 at the invitation of the Commission to assist the Commission in its
investigations.
Manasseh disclosed that he did the investigation with the assistance of an

undercover agent, named Richard Kumadrah, having obtained
information that the Respondent’s company was involved in the sale of
contracts it had won from MDAs and other procurement entities of State.
That he used a company named K-Drah (non-existent), supposedly owned
by Richard Kumdrah’s brother in London.
Richard Kumadrah contacted TDL ostensibly to purchase a contract and

recorded his conversation with Thomas Amoah, the General Manager of
TDL. With the recording, Manasseh then contacted the Respondent, the
PPA, TDL and others mentioned in the recording for their comments or
reaction.
Manasseh reiterated the following at the interview, which were also found
in the documentary:
i. Richard Kumadrah went to TDL, where he met Thomas Amoah, the

General Manager (GM), and expressed interest in buying contracts.
The GM told Richard that the Company gives the contracts to
outstanding buyers because the terms were very favourable and
offered to sell a contract worth 158,900 Cedis to Richard. The GM
showed Richard the award letter to TDL dated 20th June 2019, which
was a contract for the supply of column lift for the Ghana Ports and
Harbours Authority (GPHA).
Page 44 of 188
ii. Though the GM showed Richard the award letter for the contract, he
would not hand over the documents to Richard until an agreement
was reached and payment of a “commitment” fee of 5,000 Cedis was
made;
iii. The GM further informed Richard that TDL had “Suppliers and
Contractors’ Registration Form” and that any contractor they engage
[TDL engages] pays a fee of 5,000 Cedis to register with TDL. In the
words of the GM, “When that amount is paid, any time there is an award
of a project, we open up to the supplier or contractor to hear from him if the
supplier is interested. There are cases they can come into negotiations on
percentage wise and even use the company’s details for a direct contract
award. That is what they do so once a contractor registers with us, we are
good to give any information we have to enable him to work”;
iv. The GM insisted that without the registration, no information would

be given unless Richard was prepared to purchase the contract
“outright”, following which Richard made a payment of 5,000 Cedis
to Thomas to register and was provided a receipt of payment.
Richard also paid 10,000 Cedis as deposit for a contract;
v. On payment of both the registration fee and the deposit, the GM

called Abigail, a Secretary at TDL, to bring the documents on the
Santa Maria drainage contract and the Column Lift contract from
Ghana Ports and Harbours Authority (GPHA), which she did;
vi. The GM made the following remarks in respect of the Santa Maria
drainage Contract to TDL, “…I actually sold it to somebody. The person
does not have the funds to carry out the project. That is what is happening
so I have agreed with the person, I will sell it to another person who has
funds and give him his refund, the initial deposit he paid. He has agreed so
that side we don't have issues’;
vii. Still on the sale of contracts, the GM told Richard: “…and then I have
secured another dormitory project at Agogo which I am going to take site
possession tomorrow. That one is also there. And there is another two-storey
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dormitory at Savelugu also in the pipeline coming. So there are a couple of
projects. Mobile column lift is also there. Somebody came to pay a deposit of
5,000 instead of 25,000... The whole thing, we were looking at 30k but as of
yesterday, the amount was revised because we realised that even in the
market, we can get it around 60k. So we are now looking at 50k. So if the
person does 25k upfront, the balance 25k will be paid when the mobilisation
funds come in. There’s a mobilisation of 63,000 Cedis which I have put in a
requisition because the contract sum is 158,000 Cedis, that is 40%”;
viii. Richard also told the GM that his brother’s “company”, K-Drah, has
no experience in construction and wondered how it would deal with
consultants and other people when they came on site. In his own
words, the GM said, “The consultants, we will take care of them. When
they come on site, they are only coming to inspect. But before they come on
site, they will call us”;
ix. Providing more information on Santa Maria, the GM said the
Ministry of Works and Housing had written to TDL to change the
site from Santa Maria to Teshie without varying the contract sum.
“…it is the same parameters. The secret is that we will be the same people to
do Santa Maria. The Santa was divided into two. There are two different
contractors because the site is big, the Teshie Drainage-Hydro. So when the
Santa was awarded, Dr. Okoe Boye was also on us that he needed to do theirs
first so the Hydro people gave us a letter to do it the same length and
specification as the Santa Maria”;
x. The change from Santa Maria to Teshie, according to Manasseh, is
more profitable to them [TDL] because the work at Teshie is less than
Santa Maria but the cost of the contract remained fixed [same];
xi. Manasseh further disclosed that an Emergency Senior High School
Project contract, awarded by the Ministry of Education to be
completed in six months, had delayed because TDL was still looking
for a buyer one (1) month into the award of that contract. On this
contract, when Richard said to the GM that they could move to site,
he reiterated the urgency of the project in the following words, “If
they are going for the Agogo project, I wish the three weeks would be long
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for them to go on site. But if they clear site, they take time to prepare
themselves, so that the Ministry can know that there is work in progress.
Even if they take one month to go on site, and start nobody has issues with
them’;
xii. Another project whose completion had also delayed is the 22.5 km
Wulensi-Chamba road awarded to B-Mole Ltd, described by the TDL
General Manager as a sister company. The GM said “…I have a feeder
roads project in front of me. It was awarded to another sister company. Yeah,
it is our sister company. But that one, we are looking at 15% of the contract
sum instead of 18% the usual %. The contract sum is 22 million Cedis. It is
bitumen surfacing in the Northern region [agreement signed on 1st June
2018 by Department of Feeder Roads]”;
xiii. The GM explained that TDL applied part of the 15% to pay officials
of the ministries and departments that award the contracts to TDL.
He says, “…18%, by the time we pay, ‘den you see say’ the one left for the
company coffers be little…” else your payment ‘no go go through’. ‘The
place you for pass all, you for sort them’. That is why when people work,
some are paid, some are not paid. Because those who have not paid, you go
and buy project somewhere and then payment becomes an issue. That’s the
whole thing…”
xiv. The GM told Richard that he gives the contracts to outstanding
buyers because the terms are very favourable. He offered to sell a
contract worth 158,900 Cedis to Richard. Thomas showed Richard
the award letter to TDL dated 20th June 2019, which was a contract for
the supply of column lift for the Ghana Ports and Harbours
Authority (GPHA).
Manasseh provided copies of receipt for payment of GH₵5,000.00, which

Richard made to TDL as registration fee in order to do business with TDL
as well as a receipt for payment of GH₵10,000.00, as initial deposit for the
purchase of a contract.
Page 47 of 188
He explained that the sale of the contracts takes various forms, including
outright sale, percentage share, and the use of a company’s details to bid
directly using TDL’s political connections, among others. He noted that
there were other contracts involving huge sums of money that TDL won,
but he could not afford to enter into negotiation with the General Manager,
Thomas Amoah, for the sale of those contracts to him.
Regarding the allegation of conflict of interest, he stated that during his

investigations, he discovered that Talent Discovery Limited (TDL), a
company which has the Respondent as a shareholder and director was
awarded several contracts by public entities through restricted and or
single source procurement.
He stated that public institutions are required to apply to the Public

Procurement Authority (PPA), headed by the Respondent, for approval to
use restricted or single source procurement for certain contracts.
According to Manasseh, the Respondent uses the information contained in

the applications through the DDU to the advantage of TDL. He also said
that in analysing the bids submitted by TDL and other competitors, he
found that TDL’s tenders were usually very close to those approved/or
provided by the procurement entities. He gave the Santa Maria Concrete
Drains contract as an example to buttress his point.
He said that the Ministry of Works and Housing estimated the Santa Maria
project to cost GH₵2,000,000.00 per the award letter, and TDL submitted a
bid for GH₵1,999,600.45, that is, only GH₵399.55 less than the estimated
cost. He added that most of the contracts awarded to TDL were either
through restricted or single source procurement.
He indicated that the Respondent participated in decisions on applications

by procurement entities to use restricted or sole source method of
tendering involving TDL. That the content of the applications including
estimated cost, were known to only the procurement entities and the
Respondent as CEO of the PPA, who receives or on whose behalf the
applications are received.
Page 48 of 188
He further stated that the Respondent set up the Due Diligence Unit (DDU)
to which he directs the applications to use single source or restricted
tendering methods in the award of certain contracts, including applications
where the Respondent’s companies, TDL Group, had interest in.
Manasseh informed the Commission that before making the documentary

public he wrote as “A Freelance Journalist” to TDL requesting for its
comments on some of the issues relating to TDL that were raised in the
documentary and which he intended to publish. His letter is reproduced
below:
“THE CEO
TALENT DISCOVERY LIMITED
SPINTEX, ACCRA
Dear Sir,
REQUEST FOR RESPONSE
I write to request your response to some issues I want to publish about your
company, Talent Discovery Limited.
I have been investigating allegations that your company is engaged in the

sale of government contracts. Through undercover methods, I have the
General Manager of the TDL Group, Thomas Amoah, on record demanding
and receiving an amount of GH₵5, 000 for the registration to do business
with Talent Discovery Limited. He also received a deposit of GH₵10, 000
in respect of a contract which the business I presented through a third party,
was interested in. Receipts for the payment were demanded and received on
the official letter heads of TDL.
I am by this letter giving you the opportunity to respond to or comment on

the issues raised above.
Thomas also said in the recorded interactions with my undercover agent that
Talent Discovery Limited had “links” at the top, when he was asked how
TDL found it easy to get contracts. I will be happy to have explanations of
Page 49 of 188
what exactly he meant by “links at the top”? Is it because the company is
linked to the CEO of the Public Procurement Authority and Chairman of
the TDL Group, Mr. Adjenim Boateng Adjei?
Also of interest to the story is what licenses and certification TDL has from
the Works and Housing Ministry and the Roads and Highways to undertake
construction.
Finally I will want to know if TDL has the permission of any of the
Ministries, Departments and Agencies to sell their contracts to third
parties.
I will be grateful to have an interview with a designated official of your

company by the close of the week, Friday August 16, 2019. You may also
submit a hard copy of a written response or send an electronic copy to
azureachebe2@gmail.com. I can be reached on 0262784767.
I look forward to your timely cooperation to enable me to do a fair and

accurate report…”
Solicitors of TDL, SIMA, responded that the GM, Thomas Amoah, acted on
his own as he was not sanctioned to do what was captured on the video.
The letter to Manasseh dated 19th August 2019 and signed by David K.
Amatefe, Esq, for SIMA Consultancy, and copied the CEO, TDL, states:
“…Dear Sir,
RE: REQUEST FOR RESPONSE
We act as Counsel for Talent Discovery Limited (TDL) whose instructions

we have to respond to your letter on the subject dated 14 th August, 2019 as
follows:
1. That our client is not in the business of selling government contracts.

Mr. Thomas Amoah is an employee of our client and had no authority to
do what your investigation allegedly revealed for which reason he is
deemed to have acted purely on his own and has committed a grave
misconduct and liable for the appropriate sanctions from the company,
Page 50 of 188
therefore. Already, disciplinary measures have been initiated in
accordance with the Company’s policies.
2. That our client (TDL) has no such thing as “LINKS at the top” since it
operates in the market and competes for jobs like other players. That being
the case, any such attribution to Mr. Adjenim Boateng Adjei is
diversionary. You are to note specifically that Mr. Adjenim Boateng
Adjei, a one-time Promoter and Director of TDL no longer holds such
positions as he had since long resigned.
3. That TDL has all relevant licenses and/or certificates from the ministry
to which your request relates, which information is available on request.
4. That your question whether our client had the permission of any of the
MDAs to “sell their contracts to third parties” is moot and
speculative in view of the earlier statements herein. Further, with
regards to your question whether TDL sells contracts, we wish to repeat
that TDL is not in the business of selling contracts. However, subletting
is a permissible general contract term provided for in all contracts. TDL
has not entered into any subletting contract and it is not in negotiations
with any entity to do same. To this end, the employee of the Company
who allegedly sought to engage another entity to participate in the
execution of contracts in the name of TDL was on the frolic of his own
and had no authority to make any such representations on behalf of the
company,
We hope the response herein would satisfy your purpose. The appropriate
officer of TDL is standing by to grant you audience any time, at your
convenience. Thank you….”
Manasseh also provided the Commission an unedited copy of the

interview with Mr. Adjenim Boateng Adjei (the Respondent) and copies of
the following documents that he obtained in the course of his investigation:
i. The Ministry of Education Contract with Talent Discovery Limited

in relation to:
Page 51 of 188
a. Construction of 1No. Single Storey Dormitory Block at Collins
SHS in the Asante Akim North District; and
b. 1No. 12 Seater Toilet Block at Tuobodom SHS in the Techiman
North District dated July, 2019;
ii. Ministry of Works and Housing Contract with Talent Discovery
Limited in relation to the Construction of Concrete Drains at Santa
Maria;
iii. Ministry of Roads and Highways Contract with B-Molie Enterprise
Ltd for the Construction of Wulensi-Chamba Road;
iv. Ghana Ports and Harbours Authority Contract award letter for
Talent Discovery Limited for the Supply of Mobile Column Lift at the
Takoradi Port; and
v. A copy each of Registrar General’s Department Search Results on:
a. Talent Discovery limited;
b. ABM Logistics Limited;
c. Frosty Ice Mineral Water Limited, and
d. TDL Freight Forwarding
The Commission reviewed the documents Manasseh provided as against

those submitted to the Commission by those institutions concerned and
found that they are similar.
TDL’s Written Response:
TDL, in a written response signed by its Solicitors Kwaku Owusu-

Agyemang Esq. of K-Archy & Company, stated that Mr. Francis Kwaku
Arhin, the CEO of TDL, had been at the forefront engaging procurement
entities and making a case for why TDL should also be listed to participate
in competitive tendering for possible award in the event that it is
considered to be the most successful evaluated responsive bidder. That
pursuant to his efforts, TDL was shortlisted among other firms on 15
occasions by procurement entities in Ghana to participate in restricted
competitive tendering which by law the entities are required to seek prior
Page 52 of 188
approval from PPA in accordance with Sections 38 & 39 of Act 663 as
amended.
According to TDL, PPA by its mandate only assesses the statutory

requirement of the entity and justification provided by the procurement
entities to grant them approval or otherwise to enable the procurement
entities undertake the necessary procurement processes.
It described as preposterous the allegation in the documentary that on one

occasion, TDL’s bid was so close to the contract price that it could only have
been because procurement information was released by Mr. Adjenim
Boateng Adjei to TDL. TDL then stated that a study of the evaluation
Report on the 25 lots in that particular contract would show that there were
several other close offers from about 75 bidders. That, it could not be the
case that Mr. Adjenim Boateng Adjei disclosed information to all the other
bidders who gave close bids.
TDL further stated that it was obvious that the PPA has no influence in the
award of contracts by the procurement entities.
On the allegation that because of the disclosure of information by Adjenim

Adjei to TDL, that led TDL to win high volume contracts, even though it
was less than 3 years old, it said that the complainant did not define what
a high-volume contract is and it also does not state how many years a
company must be in existence to win such contracts and that the highest
contract ever won by TDL is about GH₵1.9 million and others were as low
as GH₵77,000.
Regarding the allegation that “the companies that Mr. Adjenim Boateng
Adjei established allegedly subletted, subcontracted or “sold” contracts
awarded them by procurement entities of State without the consent of the
said entities”, TDL submitted that no such subletting, subcontracting or
selling of contract had occurred and that is the reason why no evidence can
be adduced by the Complainant to substantiate its claim. In respect of the
call to investigate the officials of TDL and procurement entities for their
involvement in corruption in the award of contracts to TDL and the “sale”
Page 53 of 188
of those contracts, TDL said that such an allegation of corruption has no
basis. It explained that none of its officials has been involved in any corrupt
activity for the award of contract and none of its officers has sold any
contract awarded the company.
TDL disclosed that it was awarded 6 contracts out of the 15 occasions the
company was shortlisted. Certificates of completion on 4 out of the 6
contracts had been issued to TDL which it exhibited as “TDL 1”, “TDL 2”,
“TDL 3” and “TDL4” being contract completion certificates issued by
procurement entities to TDL for the completion of the contracts. Two of the
contracts, according to TDL, were still under execution.
In respect of the allegation that “by the subletting, subcontracting or

“selling” the contracts to other contractors and suppliers, Mr. Adjenim
Boateng Adjei enriched himself illegally”, TDL described it as baseless. It
went on to explain that “The allegation could only be considered if the
Complainant was able to show that any contract was subletted, subcontracted or
sold and for how much. … the Complainant has failed to show that any contract
was subletted, subcontracted or sold and so the issue of whether Mr. Adjenim
Boateng Adjei has enriched himself cannot arise unless the Complainant is able to
answer the requests…” to provide evidence.
TDL further argued that even though Mr. Adjenim Boateng Adjei at the
inception of the company was both a director and a shareholder of TDL,
per a letter dated 5th September, 2017, he resigned from his position as
director and notified the Chief Executive Officer of TDL citing reasons of
his busy schedule as the CEO of PPA. It continued: “From the inception of
the company up to date, Mr. Adjenim Boateng Adjei has not taken any active part
in the running of the affairs of the company and has also not received any financial
benefit from the company in any shape or form be it by way of salary, allowance or
dividends.”
On the allegation that TDL, being a company of 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”, the
Page 54 of 188
Solicitors argued that it is “the weakest link in the chain of unsubstantiated
claims against our client” and that the allegation is an “…empty and baseless
accusation against it”. TDL reiterated that in all its business dealings it had
conducted its affairs in accordance with the laws that regulate its activities
and it had not sought to unlawfully influence any government official in
its business dealings. The Solicitors further argued that at all material
times, their client had acted like any other company in the Republic of
Ghana in its pursuit for business and contracts and at no point in time had
it sidestepped any requirements in order to win any contracts or gain any
undue benefits.
Having responded to the allegations brought against TDL, it turned its

attention to the documents presented by the Complainant, stating as
follows:
“It appears that the complainant bases its complaint on a supposed

investigative documentary by one Manasseh Azure Awuni which has also
been attached to the documents presented with the Complaint. We have
watched the entire documentary and we regret to say that no matter how
much one stretches the issue one cannot find anything in the said
documentary that would support the allegations made. Nowhere in the said
documentary can it be inferred that a contract awarded to TDL had been
sold to any person. In fact, in the said documentary it could be seen that
contract belonging to another company, B-Molie Limited, was the subject
matter of discussion between the undercover agent and Mr., Thomas
Amoah, the Administrative Manager of TDL. The question therefore is what
has a discussion of a contract belonging to B-Molie Ltd got to do with TDL
and its officials. TDL and B-Molie Ltd are completely unknown to TDL and
so upon what basis can one link B-Molie Ltd. to TDL? … We say that but
for the present issues, the existence of B-Molie Ltd. was completely unknown
to officials of TDL”.
The Solicitors continued “We also note that the said documentary
contains portions in which the Administrative Manager of TDL, Mr.
Page 55 of 188
Thomas Amoah was seen having discussions with an undercover agent. The
discussions centred on prospects of the undercover agent participating in
the execution of a contract belonging to B-Molie Ltd. Furthermore, the
documentary would also show that Mr. Amoah sought and obtained
GH₵15,000 as registration fee and deposit towards any future project. The
said officer was queried for his conduct which the company found not to be
satisfactory. The query letter and his response have been attached herein as
Exhibit 6 Exhibit 7 respectively. It would be obvious that Mr. Amoah at
all material times was on his own frolic and had no authority to be engaged
in the discussions he had.
Be that as It may, there is nothing in documentary that suggests that Mr.

Amoah was selling contracts awarded to TDL. As it is the normal practice
in many businesses, TDL keeps a list of suppliers that are called upon when
their services are required. Mr. Amoah acted within his powers when he
sought to register the supposed Joseph Kumadrah as a contractor. It would
be obvious even from the document attached by the Complainant that the
“Contractors Registration Form” (herein attached as Exhibit 8) is not a
form that has been designed for the purpose of selling contracts by TDL to
others. This conclusion is irresistible when one considers the statements
found under the heading ‘Declaration’ on the last page of the form. The
document is clearly seen to be a Suppliers Register. We submit that there is
nothing untoward or illegal for TDL to set out and design a form that
prospective provider of suppliers or services are needed. To suggest, as was
the case in the documentary that merely filling the forms was in preparation
for the sale- of non-existent contract is ridiculous because the form itself is
clear on its face that it is a Suppliers Register.
We also state that even when though Mr. Amoah has admitted that at the
time he was speaking to the undercover agent, he was seeking to find
partners for the execution of the B- Molie contract, a wholly private pursuit,
the mere fact that he engaged in that conversation does not mean that he was
selling contracts belonging to TDL. As already stated, B- Molie Ltd has no
relationship whatsoever with TDL. In addition, the discussion between Mr.
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Amoah and the undercover agent with respect to any of TDL’s contracts
was done without any authority from the Chief Executive Officer of the TDL
and clearly above the powers of Mr. Amoah. As already stated, the contracts
awarded to TDL has been fully executed at the time of the said conversation
and so there cannot be a contract that was purportedly available for sale
assuming TDL was even in the business of selling contracts. We submit that
there is still no proof that TDL or any of its officials have sold any contract
to any person.
We take note of the fact that the Complainant also alleges that some
contracts have been subletted or subcontracted without the authority of the
institutions that awarded those contracts. First of all, subcontracting or
subletting are not illegal activities under the laws of Ghana provided same
is done in accordance with the laws and terms governing the contracts. In
fact, in most standard contracts, provisions are made for subcontracting and
subletting subject to certain conditions such as seeking the consent of the
employer. We submit that TDL has not subletted or subcontracted any
contract to any entity or person. In the circumstances, we demand strict
proof from the complainant on the contracts which are subletted or
subcontracted without the consent of the employers. We further demand
proof of any employer to the effect that a contract it awarded to TDL had
been subletted or subcontracted without their consent.
Our client takes note of the fact the present complaint is brought pursuant
to chapter 24 of the 1992 constitution. Having regard to the totality of the
complaint before the Commission, it is obvious that the complaint is
cognizable under Article 284 and Article 286. It is furthermore deducible as
far as our client is concerned, that it is only affected by the alleged breach of
Article 284 of the 1992 constitution in the sense that it is alleged by the
Complainant that Mr. Adjenim Boateng Adjei has placed himself in a
conflict of interest situation when as the CEO of the PPA, a company in
which he had interest, TDL was awarded contracts by the state agencies and
so our client would have benefitted from the alleged breach of the said article
by Mr. Adjenim Boateng Adjei. Our client shall contend that in all of its
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business pursuits, Mr. Adjenim Boateng Adjei has never placed himself in
any conflict of interest situation that has resulted in our client getting a
contract. This conclusion is unavoidable given that Mr. Adjenim Boateng
Adjei has no authority in his capacity as CEO of PPA to influence the
processes leading to the award of contracts at the various government
agencies especially when the restricted tender process is the preferred
procurement method. In such instances the Board of the PPA merely
considers the application for the use of that method and also check if the
shortlisted companies meet the minimum criteria set out in the law. The
burden of the Complainant in this regard is show that in some instances
TDL did not match the minimum requirement and yet Mr. Adjenim
Boateng Adjei failed to disqualify them because of his personal interest.
We would further contend that Mr. Adjenim Boateng Adjei never placed his
personal interest ahead of his duties as the CEO of PPA. In fact, we have
been apprised of an instance when he wrote to a procurement entity to
disqualify TDL in a tender process in which TDL had participated but had
not presented a responsive offer having regard to the specifications of that
particular contract. We attach herein as Exhibit 9 & Exhibit 10 letters
under the hand of Mr. Adjenim Boateng Adjei in his capacity as the CEO of
PPA, to the Bank of Ghana in which he questioned the said institution as to
why TDL had been shortlisted to proceed to the next stage of a tender process
when its offer was not responsive to the minimum specifications stated in
the tender documents. This bears testimony to the unassailable integrity of
Mr. Adjenim Boateng Adjei and the fact that he would never sidestep the
requirements of the law simply because TDL was involved. Mr. Adjenim
Boateng Adjei without more, refused to bend the rules in favour of TDL. We
call on the Complainant to also provide an instance in which the rules were
bent by Mr. Adjenim Boateng in favour of TDL. In the absence of any such
instance we submit that the contention that Mr. Adjenim Boateng Adjei
was in breach of Article 284 cannot hold and must be dismissed.
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We shall conclude by referring the Commission to the dictum of Brobbey
JSC in the case of Okudjeto Ablakwa (No 2) & Another v Attorney
General & Obetsebi Lamptey (No2) [2012]2 SGCLR 845 thus.
“The Plaintiff’s reliefs failed in so far as they were based on

cronyism, arbitrariness, capriciousness, discrimination or conflict of
interest. I have had the benefit of reading in advance the opinion of
my brother Atuguba JSC, the President of this panel. He dismissed
the claims of the plaintiffs in respect of conflict of interest, cronyism,
discrimination, arbitrariness, capriciousness and corruption. What
that implies is that this panel is unanimous in dismissing the claims
of the plaintiffs based on, cronyism, discrimination, arbitrariness,
capriciousness, corruption and conflict of interest… this is a Court
of law, a court of equity and a court of justice. As a court of law we
are governed by rules…our rule and regulations mandate that people
who invite the court to condemn others for the wrong doing should be in
a position to justify what they call on the courts to do”.
We submit that based on the case above, the Commission ought to make a
determination of the issues presented by the Complainant having regard to
the rules and regulations on procurement practices in Ghana, the specific
roles of the Board of PPA, the authority of Mr. Adjenim Boateng Adjei in
his capacity as CEO of PPA in the procurement process and also establish
in what manner he put himself in a conflict of interest situation in order to
favour our client. The present matter shall not admit of conjectures,
assumptions and half-baked facts and so the Complainant is put to strict
proof of the allegations to which our client has responded. We respectfully
submit”.
Interview with Francis Arhin
In an interview at the Commission on 12/06/2020, Mr. Arhin, Chief

Executive Officer (CEO) of Talent Discovery Limited (TDL), in the
company of his Lawyer, Kwaku Owusu Agyemang Esq of K-Archy &
Company, mentioned that TDL was incorporated in June, 2017 as a private
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limited liability company, with himself as shareholder, Director and
Secretary, while Adjenim Boateng Adjei (Respondent) is Director and
shareholder. Mr. Arhin disclosed that subsequently Adjenim Boateng
Adjei gave the company “a documented intent to step down as co-Director
and Chairman”, although records at the Registrar-General’s Department
remain the same.
According to Arhin, he had experience in facility management having
worked in the UK from 2002 to 2017 in facility management. He then
decided to replicate same in the country. As a result, he decided to
incorporate TDL ostensibly to facilitate private and public facilities and
property management in the country.
He stated that he was the brain behind the incorporation of TDL and
personally went to register it at the Registrar-General’s Department. Mr.
Arhin, therefore, dismissed as false, the allegation that the Respondent
incorporated TDL after assuming office at the PPA.
Furthermore, Mr. Arhin stated that the shares allotted and issued to the
Respondent were not based on merit, but an appreciation of the support he
had and would derive from the Respondent. He said that on record, the
Respondent is still a Director and shareholder, but at the company level,
he has since resigned as Director but remains a shareholder.
Mr. Arhin said that at the time of incorporating the Company, one Kwame
Appau was doing all the administrative and secretarial duties but he had
since left the company.
According to Mr. Arhin, TDL Group does not exist as a company and that
it was only used as an abbreviation for its website. He again said the
inscription of “TDL Group Ltd” on the company’s signage was, thus, a
mistake.
On the subsidiaries of TDL, Mr. Arhin listed the following, among others,
as the subsidiaries of TDL:
• TDL Freight Forwarding.

• TDL Transport and Logistics
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• TDL Agro Business
He indicated that TDL Freight and Forwarding was an anomaly which

occurred on one of its invoices to the Ghana Water Company by its staff.
The correct rendition is TDL Freight Forwarding
On employees of TDL, Mr. Arhin said that the company had four (4)
employees engaged on temporary basis, namely:
• Francis K. Arhin, CEO;

• Thomas Amoah (aka Thomas Clifford Amoah), Administrative
Manager;
• Abigail Darfur, Office Secretary; and
• Ebenezer Nyarko, Security
He further said that there were instances where the company had to source
consultants in areas of specialty such as accountants. For instance, he
mentioned an accountant for such purpose as one Victor, but indicated he
was “on and off”, engaged on temporary basis, but could not readily
provide their names, and promised to furnish the Commission with a list
of such Consultants, he did not.
He said that the company sometimes received persons for either internship
or National Service and such persons may have included, Faustina Mildred
and Adu Kwame Okyere, in response to the question whether he knew
those persons.
Regarding the number of employees stated on the SSNIT Clearance

Certificate presented to procurement entities as two (2) by TDL, he stated
that though they were temporary employees, he was advised to present
them on the SSNIT certificate since they had been engaged beyond six (6)
months.
Mr. Arhin averred that all decisions with regard to the company are taken
by him although there is a Board for TDL, comprising:
• Francis Kwaku Arhin, CEO

• James O. Arhin, his senior brother
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• Abraham, a cousin domiciled in the UK
The company records with the Registrar-General, however, list only

Francis Arhin and the Respondent as directors of TDL.
Mr. Arhin was emphatic that Adjenim Boateng Adjei was not a Member of
the Board of TDL and he was also not related to the latter. He said he is
only married to a cousin of Adjenim Boateng Adjei.
With regard to the number of tenders TDL had participated in, Mr. Arhin
said that he believed TDL might have participated in over 300 competitive
tendering, but was shortlisted for 15 contracts out of which it won six (6),
executed four (4) and two outstanding. He mentioned the following as
contracts executed by TDL:
• Binduri 1V1D: Lots 2 & 3; each consisting of 2 dams making a total

of 4 dams for the two lots. He said that he had visited Binduri at
least five (5) times and was there to cut the sod. When he was asked
to provide the names of the communities or villages where the said
dams were being constructed as well as the name of the Consultant,
he could not provide. Mr. Arhin indicated that one of the dams at
Binduri had been completed and certificate raised and paid. He
mentioned one Magid Sulley who lives in Navrongo as the Local
Representative for the said dams.
• Renovation of Bungalows one at Ridge and the other at Airport
Residential Area
He mentioned the following as the contracts under execution:
o Santa Maria, which site was later changed to Teshie-Nungua at

same cost
o The Construction of Dormitory Blocks for MoE at Agogo. He
indicated that the project was 40% complete. He said due to lack
of funds work stalled in September, 2019 but it has re-organised
itself to continue the works on site. He identified one Mantey as
the local representative for TDL. Arhin stated that it had no
contract at Tuobodom.
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When he was asked if TDL was awarded a contract for works at Akatsi
since it was not listed in TDL response to the allegations or mentioned
during the interview, he said it was an oversight.
On the Akatsi Contract, which was desilting works, Arhin said the contract
was valued at GH₵77, 000.00 and that TDL, and not anyone else, carried
out the works. He denied that someone else had carried out the works.
When he was told that the Commission’s investigations revealed that the
contract was executed by one Mr. Nicholas Adjei of K. Adjei Enterprise, he
said that TDL only rented an excavator from Nicholas for an amount of
GH₵45, 000.00 which sum was given to Thomas Amoah, the project
manager, to pay Nicholas.
When he was shown a copy of the agreement TDL executed with Nicholas
Adjei he admitted that the signature on the document was his, but denied
signing such an agreement. He mentioned that Thomas Amoah was in
charge of the supervision of this project and was the one who brought
Nicholas to assist with the execution of the desilting.
As to whether, a certificate has been raised for payment, Arhin said that
the certificate delayed because, as he understood, the Entity Consultant
failed to visit site to inspect the work done and to issue certificate for work
done. When he was asked again if TDL had all the relevant documents to
enable it have the certificate raised, he said he would consult Thomas
Amoah.
Mr. Arhin stated that TDL was never awarded the following contracts:
• Construction of Blocks at Savelugu SHS

• Supply and Installation of Column Lift at the Takoradi Ports. He
indicated the contracts were two: Printing of ID Cards and the
Column Lift. It was awarded the Printing of ID Cards; which has
been cancelled due to the exposure
• Supply and Installation of Industrial Air Purifier for the Bank of
Ghana Vaults
• Supply and Installation of Coins Sorters for the Bank of Ghana
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On his assertion that the respondent, Mr. Adjenim Adjei, had not
benefitted financially from TDL, he was asked if he ever paid any monies
into the respondent’s account in the last two years, which he denied. He
said “no”, no””. When he was confronted with evidence that he paid
$10,500 into the respondent’s USD account number 9040002473180 at
Stanbic Bank Airport Branch on 17th August, 2018, Mr. Arhin changed his
response and admitted that he did pay that amount of dollars into the
respondent’s account but that it was his own contribution towards the
purchase of a truck for Agro Business.
• Frank Mante
Frank Mante is the Deputy CEO of the PPA in charge of Technical and
Operations. At the time of the interview with him, he had been appointed
Acting Chief Executive Officer of the PPA. After submitting comments
requested by the Commission from PPA, the Acting CEO of the PPA met
with the Commission on 24 September, 2019 with some governing board
members to assist with the investigations.
Regarding the work of the Due Diligence Unit (DDU), Frank Mante
explained that the unit reviews applications from procurement entities and
makes recommendations to the Board for consideration. He also stated that
the reports of the DDU are what form the basis of the Board’s decisions as
the Board does not generate different reports from those submitted by the
DDU. He further explained that the reports of the DDU are referred to the
Technical Committee of the Board that reviews the DDU reports for
approval by the Board. He admitted that the CEO of PPA is the one that
receives the reports of the DDU and transmits same to the Board for
consideration at its meetings.
He agreed to furnish the Commission with the following information

requested by the Commission:
i.Minutes of single source procurement and restricted tendering for the

period of June 2017 to August 2019;
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ii.Reports of single source procurement and restricted tendering for the
period of June 2017 to August 2019;
iii.List of applications for contracts from the MDAs in which the TDL
participated from June 2017 to August 2019 (either won or submitted);
iv.A summary list of all contracts in respect of single source

procurement and restricted tendering from June 2017 to August 2019;
v.List of the Due Diligence Unit (DDU) members (past and present
indicating their contact details).
• Professor Douglas Boateng
Prof Douglas Boateng is the Board Chair of the Public Procurement

Authority (PPA). He met with the Commission on 24th September 2019. He
was accompanied by the following persons:
• Mr. Kofi Owusu, PPA Board Member

• Dr. Emmanuel Boakye, PPA Board Member
• Mrs. Lesley Dodoo, PPA Board Secretary
After explaining the difficulty of providing the Commission with copies of

documents on restricted tendering/sole sourcing (RT/SS) procurement for
the period 2017-2019, Prof Boateng said that applications to use single
source or restricted tendering by procurement entities are submitted to the
PPA addressed to the CEO. The applications are then referred to the DDU
for technical and financial audit and reports are submitted to the CEO for
onward transmission to the Board for consideration and necessary action.
Regarding the procedures, he explained that the procurement entities

submit a list of firms with attached documents to the PPA for approval to
use single source and restricted tendering. The PPA on receipt of the
applications assesses qualification of the firms and value for money of the
contracts. The PPA then communicates its decision to the procurement
entity. Where approval is granted, the procurement entity is expected to
write to the shortlisted firms to submit bids on the contracts. The bids are
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evaluated and a report on the evaluation submitted to the PPA and the
contract subsequently awarded to the firm which won.
He stressed that the information does not include the bids submitted by
the company or the tender evaluation report as that is done after the
approval of the PPA.
On challenges of the said procurement process, he said that some firms do

not know that they have been shortlisted for application for Single Source
and Restricted Tendering by the respective procurement entities. This is
because they might have been picked from the contractors’ or suppliers’
database.
He concluded that the financial and technical capacities of the firms are not
known to PPA but the procurement entity.
• Mr. Osei-Wusuansah
Mr. Osei-Wusuansah is the Acting Director, Hydrological Services
Department, (HSD) under the Ministry of Works and Housing. HSD
appears in the contracts that the Ministry of Works and Housing awarded
to TDL as the Consultants to the projects. He met with the Commission on
31st August, 2019.
According to him, MoWH implements the National Flood Control

Programme (NFCP) under which the Ministry undertakes drainage
construction and desilting works to curb the perennial flooding across the
country. He said that the HSD through its offices across the country
provides the Ministry with list of flood prone areas with estimated cost for
appropriate action.
Mr. Osei-Wusuansah further said that the records show that MoWH
awarded two contracts under the NFCP to TDL for desilting and drainage
construction works in Akatsi and Santa Maria respectively. He submitted
reports with attachments each on Akatsi and Santa Maria works, which he
said provide details of the projects awarded to TDL as well as the tender
documents of the three companies that participated in the tender.
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According to Mr. Osei-Wusuansah, MoWH usually seeks for
Commencement Warrant or Certificate from the Ministry of Finance (MoF)
on its projects, which cost forms part of the Ministry’s budget. After
approval is obtained for the warrant, MoWH identifies a number of
contractors who are selected for each project for consideration for the
award of the contracts.
He indicated that the process of award of contracts under RT follows two

stages. First, MoWH forwards to HSD list of selected contractors on each
project. HSD then invites each contractor to submit company profile
indicating technical and financial capabilities to execute the contract. HSD
forwards the responses of the contractors to MoWH, which applies to the
PPA for consideration and approval. This stage is the pre-qualification
stage. Thereafter, MoWH forwards to HSD any approval from the PPA
with instruction to invite the contractors to submit bids on the projects for
consideration and award of the contract. HSD evaluates the bids submitted
by the contractors and submits reports on the evaluation to the MoWH
Ministerial ETC for consideration and approval. When the report is
approved by the ETC, MoWH then instructs HSD to issue the award letters
to successful contractors.
Mr. Osei-Wusuansah said that he did not know the status of the Akatsi
channel improvement project or the desilting works, but he was aware that
no work had commenced on the concrete drainage at Santa Maria in the
Greater Accra Region.
• Hon. Hawa Koomson

Hon. Hawa Koomson is the Minister, Special Development Initiatives
(MSDI). She met with the Commission on 9th March, 2020.
She stated that 560 dams/dugouts were being constructed nationwide

under the President’s Special Initiative Projects: One-Village One-Dam
(1V1D), coordinated by the MSDI.
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Hon. Koomson said that the MSDI did all the procurement processes for
the 1V1D projects, except the approval of the Tender Evaluation Report
(TER) which was done by the Entity Tender Committee (ETC) at the Office
of the President (OoP). This was because at the time of awarding the
contracts, MSDI had not constituted its ETC. So, the minutes of ETC in
which Talent Discovery Limited (TDL) was recommended for the award
of contracts (Lots 2 and 3) in respect of the construction of the
dams/dugouts, are with the ETC at the OoP. She further explained that no
specific qualification was used for the selection of the contractors.
Contractors were invited to submit proposals and based on the suitability
of the proposals contracts were awarded.
Hon. Koomson also said that MSDI adopted the Restricted Tendering (RT)
method of procurement for the 1V1D as it was considered as priority
projects of the Government which needed to be fast-tracked. Also, there
was no one Specific design and or Specification for the dams and that the
Consultants for the contracts determine the suitability of the site and
design for the construction depending on the location.
She further said that each Metropolitan, Municipal and District Assembly
in the targeted areas submitted a list of ten (10) communities, which was
considered for the 1V1D project. She said that she is aware that contracts
were awarded to TDL for the construction of dams in certain communities,
but these did not include Bimbilla as per the document submitted to the
Commission.
According to Hon. Koomson, initially the contractors’ Certificates of

Payments for work done were to be endorsed by the Regional Planning
Office and same forwarded to the MSDI, but that responsibility has now
been given to the Development Authorities (Northern and Coastal
Development Authorities), agencies under the Ministry. This is to expedite
the approval processes involved in preparing Certificates for Payment. She
added that the Development Authorities (DAs) are expected to collaborate
with the Regional and Planning Officers of the Assemblies to monitor the
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implementation and execution of the projects. She also said that after the
award of the contracts from Accra, it is the Assemblies that hand over the
sites to the contractors and as part of their oversight responsibilities,
monitor and report on the projects.
She said that payment for work done was made through the Ghana
Integrated Financial Management Information System (GIFMIS) and that
a Certificate was raised by Beever Associates Consult Ltd, Consultant, on
behalf of TDL, has been cleared through the GIFMIS system. She indicated
that payment was delayed following the pendency of the matter before the
Commission but was later paid at the end of last year, 2019.
Hon. Koomson again said that the construction of the dams or dugouts
were at various levels of completion and that none had been completed.
She said that for a dam to be considered “complete”, the contractor must
cultivate cover grass along the embankment, which had not been done at
any of the site during her last visit and subsequent monitoring reports on
the status of the dams. She provided the status of construction of dams at
Binduri Constituency following a report she received from Beever
Associates Consult Ltd working for the Northern Zone: Tuba 90%, Boko
80% and Zawse 80%. She concluded that until the airing of the Manasseh
documentary, she did not know that the said TDL was owned by Adjenim
Boateng Adjei.
• Mr. Kennedy Kludjeson
Mr. Kennedy Kludjeson is the Volta Regional Director of Hydrological

Services Department (HSD), and the Project Manager on the Akatsi
Drainage contract. He mentioned that he recommended the project site as
a flood-prone area to the HSD Head Office, and submitted a report to the
HSD Head Office in Accra, after which a contract was awarded for the
desilting of the site. Mr. Kludjeson said that he was then invited to the HSD
Head Office and given a copy of the Contract document, which indicated
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that TDL had been awarded the contract. Subsequently, he went to the site
for an initial survey.
While on the site, he met Mr. Nicholas Adjei, the excavator operator and
some workers who said they were employees of TDL. He also got to know
by phone one Thomas who described himself as the project manager who
was said to have brought Nicholas and his boys to the project site.
According to Kludjeson, Thomas informed him that he worked with TDL,

and that he engaged Nicholas Adjei and three others to work on the project.
Mr. Kludjeson said that Nicholas Adjei made several follow-up calls to him
on whether he, as Project Manager, had completed his part of the work in
order that TDL could pay him his outstanding balance.
Mr. Kludjeson said that the project was completed somewhere in May 2019
and his assessment was that the project was successfully completed by the
same company that was awarded the contract. Mr. Kludjeson further
stated that, usually the contractors come along with a copy of the contract
document as evidence of the award of the contract; and that Nicholas gave
him a copy of the contract document, which tallied with the one obtained
from HSD Head Office.
• Mr. Nicholas Adjei
Mr. Nicholas Adjei owns K. Adjei Enterprise, which is located around

Dzorwulu Junction, Accra. Nicholas informed the Commission that he
executed the Akatsi Drainage contract. He said Thomas Amoah of TDL
called and informed him that TDL needed an Excavator for a job. He was
then called to TDL Office at Osu and given the work to execute. He was
also told that they could not pay everything upfront, but they will pay part
and pay the rest after completion of the work. TDL made an initial payment
of GH₵20,000 before commencement of work and agreed to pay
GH₵25,000 after completion. The money was paid in cash after signing an
agreement with TDL.
Page 70 of 188
Nicholas said Amoah gave him Mr. Kludjeson’s number; and “…when we
met, Mr. Kludjeson asked me whether I did not come along with any document.
Then I went back to Amoah and brought him a copy of the contract document.”
According to Nicholas, he took six (6) days to execute the project, which
was supervised by Mr. Kludjeson and Mr. Nicodemus Okyerefo (Technical
Officer). They were both around for all the 6 days: Mr. Okyerefo was
always around but Mr. Kludjeson’s presence was intermittent. Nicholas
said that he had three other workers with him; and that even though he
completed the work for more than 9 months at the time of the visit, he was
yet to be paid his outstanding balance.
Nicholas disclosed that the first time he demanded payment of his

outstanding balance, Amoah told him that the individual who was to make
the payment (i.e. the Accountant) had travelled. Subsequently, Thomas
had been telling him that the money has not yet come.
Nicholas said that though he took pictures of the project site before, during,
and after, the excavation works he refused to provide Amoah the pictures
because there was a verbal agreement for him to submit copies of these
pictures upon payment of the outstanding balance. Nicholas does not
remember whether HSD Officers (Kludjeson or Okyerefo) also took some
pictures; and he did not give his copies to either Mr. Kludjeson or Mr.
Okyerefo. Nicholas further informed the Commission that he never
registered nor paid any money to TDL before executing the work.
• Mr. Edward Larbi-Kumi,
Mr. Edward Larbi-Kumi, Headmaster of Collins SHS, stated that

somewhere in April 2019 the Boys’ Dormitory got burnt and Dr. Adu-
Twum, Deputy Minister of Education, and some other government
officials came to the School and promised to get them a new Dormitory.
Then somewhere in July 2019 one gentleman brought a letter that he had
been given a contract to construct a single storey dormitory for the school.
Initially, Mr. Larbi-Kumi could not remember the name of the individual
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who brought him the letter, but when he checked through his records he
found the business card of that person, which bore the name of one Ing.
Thomas Clifford, Group Manager, TDL GROUP. Ing. Clifford and three
other persons came to Collins SHS twice. The project was started
somewhere in August 2019; and work was abandoned somewhere in
November 2019.
There was a gentleman acting like a foreman. When work was commenced,
“I tried but unsuccessfully to meet the actual person who was said to be working
on the project. I never saw the ‘contractor’ physically. One Mr. Asante’s name was
given to the Assistant Headmaster Academic as the main man…. I called him
several times until one day he picked up the call, and I told him that I wanted to
meet him and he responded that he had been informed about my efforts to meet
with him in person and that he will try and meet me; but he never showed up.
When work was stalled somewhere in November 2019, I called him again and he
told me to have patience for him. Again, he never showed up”.
Mr. Labi-Kumi said that his impression about the Contractor was that he
had no capacity to do the work assigned him and that he tried
unsuccessfully to reach Ing. Thomas Clifford as his calls to him went
unanswered and/or received messages such as ‘can I call you latter’ but he
never returned any of his calls.
• Hon. Victoria Adu
Hon. Victoria Adu, the MCE of the Birim Central Municipal Assembly,
Akim Oda, intimated that she was aware of the Greening of Parks project,
at the Oda Zongo. She also said that the Community was not satisfied with
the work of the contractor which led to a Community demonstration
against the poor execution of the contract.
Together with the MCE, the Zongo Chief and others, the Commission went
round the park to see the extent of work that had been done. Thereafter,
the Commission met selected members of the Community where the
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project is sited and had an interview with Chief Adamu Mohammed Naa
Annabi (Hausa Chief) and representative of the Zongo Community.
• Mr. Zuk
Mr. Zuk, the Mason who built the store, toilet and bath rooms as part of
the project said no toilet bowls were fixed. Zuk further said that the one he
reported to was one Albert (the ‘Engineer’) from Accra. Zuk used about 20
days to undertake the exercise. He was engaged on per-day basis and has
since been fully paid in cash.
On the Borehole, the group stated that its purpose was to water the park
after planting the green grass, which never was. The borehole was also not
completed. The Community had to contribute money to buy ‘pipe cocks’.
The contractor bought and fixed the meter for the pumping machine, but
the pipes that were supposed to extend the water to the pitch were not
fixed. The contractor fixed only one tape.
• Mr. Francis Cofie Onai
Mr. Francis Cofie Onai, Head of Works Department, Birim Central

Municipal Assembly, Akim Oda, said he was transferred to his current
office in September 2019; and had knowledge of the project somewhere in
October 2019 when some areas around the project site got flooded. He got
the information from the Municipal NADMO Office. He went to the
flooding site with the MCE and the Municipal Security Council. On the
question of whether there were any records of the project on the files of the
Assembly, he answered in the negative: “I have seen no records of this
particular project since I assumed office.”
Mr. Onai indicated that sometimes projects are implemented in Districts

without the knowledge of the Head of Works Department or even the
District Assembly where such projects were awarded directly from Accra.
In a response to a question, whether this type of practice was normal, Mr.
Onai said that by policy, no project should take place within any District
Page 73 of 188
Assembly without the knowledge of the Assembly within which such
project is being undertaken and for that matter the Works Department.
• Alhassan Yakubu
Alhassan Yakubu, the Binduri District Coordinating Director, said that the
district had been allocated 10 dams including the one at Zawsi.
Regarding the identity of the contractors, he said that the Assembly had no
records of the contracts and did not know who the contractors or the
consultants were. That everything was done in Accra by the MSDI which
did not also provide the Assembly the information the Team was looking
for.
He said that because the Assembly monitors projects being executed by the
central government including the one-village one-dam within its
catchment area. The Assembly, during its regular monitoring visits found
that most of the dams the monitoring covered were at various levels of
completion.
The DCD then invited the District Planning Officer to provide the Team
with a report on the dams, which he did. The report contains the list of the
beneficiary communities and the progress of work on each of the dams as
follows: Agumsi (90%), Atuba (50%), Boko (90%), Gumyoro (70%), Nayoko
No. 1 (20%), Zawsi (10%), Bansi (20 %), Narango (0%), Poayamire (0%) and
Aniisi (0%).
• Alhaji Mohamadu Assibi Azonko,

Alhaji Mohammadu Assibi Azonko, the Upper East Regional Coordinating
Director, said that the Regional Coordinating Council (RCC) was not
involved in the award of the said contracts because the Ministry of Special
Development Initiative (MSDI) awarded them. As such, the contractors
after being awarded the contracts proceeded to the sites without passing
through the RCC.
Page 74 of 188
According to him, the RCC got to know one of the consultants when he
raised a certificate of payment for endorsement. Even then, the MSDI had
requested RCCs to not endorse certificates raised by consultants working
on the 1V1D dams any longer and that the endorsement was the preserve
of the Development Authorities, and in the case of the Upper east Region,
Northern development Authority. A copy of the letter is attached. This
directive of the Minister further alienated the RCC from better monitoring
the construction of the dams in the region.
Regarding how the RCC obtains information on the 1V1D, he said the RCC
gets information on the projects either through reports from the
Assemblies, or through its projects monitoring team and during tours
undertaken by the Minister.
On the status of the dams, he said that none of the projects had been
completed. He explained that though, the RCC did not have the contract
documents, it was his understanding that a completed dam should have
plant cover grass around the embankment which, according to him, had
not been the case with any of the dams under construction in the Region.
On the identity of the contractors working on the dams, he disclosed that
he was shown a letter signed by the current Regional Minister, in which he
identified one Dr. Tanimu, a native of Yendi who prepared the certificate
in his capacity as the Consultant for Talent Discovery Limited (TDL). The
said consultant was present during the launch of the 1V1D Initiative by His
Excellency the President at Bongo.
• Mr. Alhassan Ibrahim,

Mr. Alhassan Ibrahim, the Upper East Regional Economic Planning
Officer, informed the Team that monitoring of government projects being
undertaken in the region formed part of his schedule of work. He is
therefore expected to have records of the various projects being undertaken
in the Region. But in terms of the dams being constructed under the 1V1D
initiative, the RCC does not have any record on them such
Page 75 of 188
as cost, details of contractors, terms of the contract and consultants, among
others. The contracts were awarded in Accra by the MSDI, which did not
provide the Region with copies of the contract documents to enable
effective monitoring of those dams. He said that the MSDI made the
contractors to commence work at the locations without recourse to the RCC
or MMDAs.
On the dams at Binduri, he said that he and a Team from Accra were there
on Thursday 13th February 2020 to monitor projects including the dams. He
found some of the dams to be good; others were still under construction.
According to him, the Boko dam had been completed, though he could not
tell whether the construction met the required specifications in the 1V1D
contracts or not.
Mr. Alhassan mentioned that it was difficult for the Regional Economic
Planning Unit of the RCC to ascertain status or progress of implementation
of the said dams without the contract specifications and that since it was
the duty of his Unit to monitor, his office had to rely on the consultants for
information, which was sometimes skewed to favour the contractors. He
cited an instance where he had a disagreement with a consultant by name
Dr. Tanimu Osman, when he brought a certificate for endorsement in
favour of Talent Discovery Limited. The disagreement concerned the
amount on the payment certificate as compared to the work executed at
site. In the process, when his Unit requested for further information on the
contract, the consultant refused to provide the information and rather
accused him of placing impediments on his way.
Mr. Alhassan also disclosed that the MSDI had written a letter to the RCCs
informing them that henceforth the RCCs should not endorse certificates
in relation to the 1V1D and that the Northern Development Authority
(NDA) is the institution mandated to coordinate all such projects including
endorsement of certificates raised in relation to them.
Page 76 of 188
According to the Planning Officer, most of the contractors were not helping
the nation with the kind of work that some of them do; shoddy work and
delays. The worst of it is where the contract is not locally awarded, the
contractors think that they could do anything and get away with it. This,
he said, was affecting professionalism, local participation and value for
money.
• Ms. Paulina Patience Abayage,

Ms. Paulina Patience Abayage, the Upper East Regional Minister informed
the Commission that her involvement in the 1V1D Initiative was minimal,
as everything was done from Accra by the Ministry of Special
Development Initiatives (MSDI). She stated that her predecessor queried
the practice of not involving the RCCs in the award of contracts and or
monitoring the execution of the said contracts and the Minister, MSDI,
promised to provide details of the contracts to assist with monitoring, but
she had since not done so.
Regarding the letter she signed approving the payment certificate in favour
of TDL for GH₵404,008.11, the Minister said that all that she did was to
forward the request with the attached documents to the Minister, MSDI for
necessary action, based on information provided her by the Planning
officer of the Region. The certificate was in relation to Lot 2 (Binduri). The
dams are located at Atuba and Boko Communities.
She stressed that she did not know who the contractor or the consultant on
the project were but that once she obtained the technical advice from the
schedule officers, she signed and forwarded the application for payment
to the Minister, MSDI for her consideration.
She further stated that it is one of her biggest problem in the region as
contractors come into the region to execute contracts within the region
without the knowledge of the Office of the Regional Minister. The
contractors also have no courtesy to notify the RCC and or the relevant
MMDAs of their presence or mission in the communities where the
Page 77 of 188
projects are located. As such her office had no idea on how the contracts
were awarded and whom in relation to the 1V1D in the region.
Further investigations by the Commission revealed that one Benjamin

Njoswine of Amechen Construction Ltd, P.O. Box 15009, Accra-North was
the contractor actually executing the work on the Boko community dam. It
is same contractor who had other projects including Navrongo stadium,
Nayoko Dam (completed) and Ponyameri dam (almost completed) in the
Binduri District. He is also known as “Accra Mason”. Thus, though
certificates were raised for TDL Ltd, Amechen Construction Ltd, Accra, is
said to have done the actual construction.
8.2. Consideration of Documents

(a) to issue subpoenas requiring the attendance of any person

before the Commission and the production of any document
or record relevant to any investigation by the Commission;
Set out below are the relevant portions of documents obtained in the course
of the investigation by the Commission.
8.2.1. Records from the Registrar General’s Department
At the request of the Commission, the Registrar-General provided

information on the following companies alleged to have been incorporated
by the Respondent:
1) Talent Discovery Limited (TDL);

2) TDL Agro Industry;
3) TDL Freight Forwarding;
4) TDL Transport and Logistics Services;
5) Frosty Ice Natural Mineral Water Ltd; and
Page 78 of 188
6) ABM Logistics (GH) Limited
Talent Discovery Limited (TDL)

TDL was incorporated as a private company limited by shares on 19th June
2017 to carry on business as Manufacturers Representatives, Imports and
Exports of General Goods, Logistics and Transportation Services, General
Merchants, Procurement Consultancy, Management Consultancy,
Financial Engineering Consultancy.
The Directors of TDL are Adjenim Boateng Adjei (Respondent) and Francis
Kwaku Arhin with shares of 30,000 and 20,000 each respectively at one
Ghana Cedi per share.
TDL Agro Industry

TDL Agro Industry was incorporated on 15th May 2018 with registration
number SN002832018 and TIN C0008677492. The nature of business of the
company is Farming, Cultivation of Cassava and Export of Starch. TDL is
listed as its parent Company and the Representative of the parent company
is Francis Kwaku Arhin (brother-in-law of the Respondent)
TDL Freight Forwarding

This company was incorporated on 15th May 2018 with registration number
SN002842018 and TIN C0008677492. Its nature of business is
Transportation Services and Haulage Services. The parent Company is
TDL and the parent company representative is Francis Kwaku Arhin.
Frosty Ice Natural Mineral Water Limited

This company was incorporated on 29th January 2019 as a private company
limited by shares with its authorised business being the production of
mineral water. The registration number is CS026432019 with TIN
C0021653607. It commenced business on 29th January 2019. The company
was to be registered with 600,000 shares of no par value.
Page 79 of 188
The Directors of company are Adjenim Boateng Adjei (Respondent) who
holds 500 shares and Mercy Adjei (Respondent’s spouse) who also holds
500 shares.
ABM Logistics (GH) Limited
It was initially registered under the Registration of Business Names Act,

1962 (No. 151) as ABM Logistics on 30th July 2003, but commenced business
on 16th July, 2003 as General Merchant, Import & Export Services, Exporters
of Salt, and Transport Haulage. Logistics Consult (GH) Limited was
entered as its corporate name.
It was converted under section 27 and 28 of the Companies Act, 1963 (Act
179) on 13th November, 2007 to ABM Logistics (GH) Limited with
registration number CA-39,789 and TIN 524V028360. After incorporation,
a resolution was passed on 3rd August, 2015 to add to the business buying
and selling and exportation of gold.
The directors are Adjenim Boateng Adjei and Mercy Adjei with each
holding shares of 70,000,000 and 30,000,000 respectively at one Ghana Cedi
pere share.
From the information, TDL is described as “parent company” in:
• TDL Transport & Logistics Services;

• TDL Freight Forwarding, and
• TDL AGRO Industry
Frosty Ice Natural Mineral Water Limited and ABM Logistics do not have
such a description in their registration documents.
Directorship in other Companies

The records also show that the Respondent is a director in the following
companies:
i. ABM Logistics (GH) Limited;
ii. Ada Safari Resort Limited;
Page 80 of 188
iii. Aqua Safari Resorts Limited;
iv. Beach Front Stevedoring Company Limited;
v. Bestblend GH Limited;
vi. Bestblend West Africa Limited;
vii. Bestman Offshore Gh Limited;
viii. Diligent Cover Limited;
ix. Holiday Hills Resort Limited;
x. Ocean View Amusement Limited;
xi. Rosefield Oil Ghana Limited;
xii. Runway View Association;
xiii. Springfield Resource Development Limited;
xiv. Supply Chain Support Services Centre Limited;
xv. Talent Movers Gh Limited;
xvi. AAC Financial Services Limited;
xvii. Canduns International Limited;
xviii. CFR Ghana Limited, and
xix. TDL Pay Ghana Limited
8.2.2. Records from Financial Intelligence Centre
Information received from the Financial Intelligence Centre (FIC) in CD

ROM show that the Respondent, apart from his directorship and
shareholding interests in TDL, and TDL related companies, has
directorships in 13 companies as well as several bank accounts, both
foreign and local currency, in a number of banks in the country including
Stanbic Bank, Ecobank, Republic Bank and UMB.
The companies where the respondent is either a shareholder or director or

both, include:
i. Aqua Safari Resorts Limited

ii. Beach Front Stevedoring Company Limited
iii. Bestblend GH Limited
iv. Bestblend West Africa Limited
v. Bestman Offshore Gh Limited
Page 81 of 188
vi. Diligent Cover Limited
vii. Holiday Hills Resort Limited
viii. Rosefield Oil Ghana Limited
ix. Runway View Association
x. Springfield Resource Development Limited
xi. Talent Movers Gh Limited
xii. AAC Financial Services Limited
xiii. CFR Ghana Limited
Respondent’s Bank Accounts and Other financial interests:
Stanbic Bank, Airport City Branch: The Respondent has three accounts at
Stanbic Bank, Airport City Branch, which he opened the month after his
appointment as the Chief Executive Officer of the PPA in March 2017.
In respect of his USD account number 9040002473180, the Respondent

opened it on 03-04-2017, within a month after his appointment with an
opening balance of $5, 000. Four months after opening the account,
significant cash amounts had been deposited into that account, including
the following:
Cash Deposits: From 01-08 -2017 to 08-09-2017, cash amounts totalling

over $125, 000 was deposited by Faustina Mildred and Christabel into
the Respondent’s Account. The Respondent withdrew $30,000 and
$10,000 cash from his account in a day. On that same day (08-09-2017),
Christabel deposited cash amount of $15,000 into the account.
The respondent again made a cash withdrawal of $40,000 on 27-09-2017

and about a week later, he made a cash deposit of $50,000. Earlier,
Christabel made a cash deposit of $40,000.
On 15-02-18, Faustina Mildred made a cash deposit of $50,000 and

another $100,000 on 21-03-18. Five days after that, one Kofi Appiah
Dwomoh made a cheque payment of $100,000 into the account.
Page 82 of 188
As of 28-08-19, Respondent had $516,225.00 to his credit and his debits
stood at $504,607.87.
Regarding his Cedi Account no. 9040002313337 at the same bank, it was
opened on 21-01-2017 (before his appointment) with an amount of
GH₵30,000. Subsequently, various cash amounts have been deposited
regularly into the account, predominantly by Faustina Mildred, sometimes
described as Faustina Mildred Cronze or Faustina Tachie Menson,
Christabel (“RO”) and Aisha, since the Respondent was appointed CEO of
PPA.
As of 29-08-19 respondent’s Cedi account had over GH₵3.83 million credit

with an over GH₵3.81 million debit.
The Respondent’s EURO Account is the third account at Stanbic Bank, -

Airport City Branch. As of 29-08-19, his balance at on the Euro Account
stood at EU54,500.00 (credit) and EU37,333.00 (debit).
The Respondent confirmed that he hand-delivers the cash to Faustina and

Christabel, whom he described as his relations officers at the Stanbic Bank,
to pay the monies into his account.
UMB Account: The account at UMB is a Dollar account with Account

Name as “428872”. The Transaction summary indicates the following:
Booking date Description Credit
20-12-2018 Check payment by OAB Adjei RKP $60,000
11-03-1 House cheque credit $48,000
Page 83 of 188
8.2.3. Ghana Ports and Harbours Authority
The GPHA in response to the Commission’s request for information to

assist in the investigation, provided documents that show that TDL was
short listed to tender for the award of a number of contracts based on
restricted tendering method of procurement (RT) in the period 2017-2019.
These are:
i. Supply of Mobile Column Lifts (Qty 1) Takoradi Port;
ii. Rehabilitation of James Town Lighthouse Facilities-Accra;
iii. Supply, Installation and Commissioning of 30 Meter High Mast
Poles Complete with Lantern Carriageway at Tema Port;
iv. Factor Correction and Energy Demand Reduction Equipment at
the Reefer Container Terminal-Tema Port.
Contract for the Supply of Mobile Column Lifts (Qty. 1) Takoradi

Port:
The GPHA made a request for Approval to procure the supply of a Mobile
Column Lift for the Mechanical Department of Takoradi Port through
restricted tendering.
In its letter to the DirectorG of the GPHA, Ref: DG/HQ/C.3/Vol.4/819,

dated 13th November 2018, writes:
The Ghana Ports and Harbours Authority intends to seek your

authorisation to procure a Mobile Column Lift for the Takoradi Mechanical
Engineering Department (Column Lift) through restrictive tendering. The
equipment would be used for lifting heavy duty equipment at the
Mechanical Workshop.
Accordingly, GPHA is seeking your authorisation to invited (sic) the

underlisted eligible firms to submit tenders for the above mentioned project:
1. TALENT DISCOVERY LIMITED

2. DEGRILLION TECHNICAL SUPPLIES
3. BERNERGY GHANA LIMITED
4. WHITE COWRY W/A LIMITED
Page 84 of 188
The estimated cost of the project is GH₵ 160,000...” and documents of
the shortlisted firms were provided the CEO.
The documents attached to the request by GPHA to PPA included the

incorporation and other documents of the eligible firms: incorporation
information from the Registrar-General’s Department, SSNIT and Tax
clearance certificates, among others.
The CEO received the application by the GPHA and forwarded same to the
DDU for its consideration. Subsequently, the PPA Board at the Board
Technical Committee Meeting no 20 of 13 December 2018 considered the
request for the supply of the Colum Lift.
The minutes of the Board Technical Committee Meeting no. 20 (020/2018)

referenced in the PPA letter had the following members present:
• Mrs. Ernestina Swatson Eshun - Chairperson

• Mr. Adjenim Boateng Adjei - CEO/Member
• Dr. Emmanuel Yaw Boakye - Member
• Hon. Godfred Dame - Member
The 20th Meeting considered among others Minutes of the 9th Emergency
Meeting held on Friday 30th November, 2018 as well as 49 (Forty-nine)
Single Source (SS), Restricted Tendering (RT), supplementary applications
and responses to queries raised, which were presented in a Summary
Table.
The meeting commenced at 10:30pm after a short prayer by the CEO

(Respondent).
On the Summary Table is Application No. 18, Re: DG/HQ/C.3/VOL. 4/819

dated 13/11/18 in relation to the Column Lift and received by the PPA on
16th November, 2018:
Summary of the Application: GPHA is requesting for approval from

PPA to use Restricted Tendering Method for the procurement of
Mobile Column Lift for the Takoradi Port at a cost of GH₵160,000.00.
Page 85 of 188
Justification and Relevant Clause provided by the Entity: The
Ghana Ports and Harbour Authority intends to procure Mobile
Column Lift for the Takoradi Mechanical Engineering Department.
The equipment would be used for lifting heavy duty equipment at
the Mechanical Workshop. Below are the Four (4) shortlisted firms:
i. M/S Talent Discovery Limited

ii. M/S Bernegy Ghana Limited
iii. M/S Degrillion Technical Supplies
iv. M/S White Cowry W/A Limited
The GPHA’s application did not have any justification or relevant Clause.
Board Decision: Approved as recommended that “…the Board grants

approval to GPHA under section 38 (b) of Act 663 as amended. GPHA
should ensure the winning tender submit current SSNIT and Tax Clearance
Certificate”
“The Chairperson called on the CEO to arrange for another meeting the
following week in view of the backlog over the holidays….
The Respondent, writing as the CEO of the PPA, in a letter dated 17th
December 2018, Ref: PPA/CEO/12/2209/18, writes:
“…. At the Board Technical Committee Meeting no. 20 (020/2018) held on

Thursday 13th December 2018, the Board granted approval to the Ghana
Ports and Harbours Authority in accordance with Section 38 (b) of Act
663 as amended, to use Restricted Tendering Method to invite the under
listed companies to tender for the procurement of a Mobile Column Lift for
the Takoradi Mechanical Engineering Department at an estimated cost of
GHC160, 000:

2. DEGRILLION TECHNICAL SUPPLIES
3. BERNERGY GHANA LIMITED
4. WHITE COWRY W/A LIMITED…”
Page 86 of 188
On receipt of the approval by the PPA to proceed to invite the shortlisted
companies, the GPHA invited the companies to submit tenders and
eventually awarded the contract no. IND.338/MECH.ENG/TD 18 to TDL,
which was contained in a Notification of Intention to Award Letter to TDL
dated 20th June 2019, ref. no. DG/HQ/C.3/VOL.7/373.
Mast Poles: GPHA request to use RT for the Supply, Installation and
Commissioning of 30-Meter-High Mast Poles (Poles) was considered at the
21st Meeting of the PPA Board Technical Committee Meeting held on 23rd
January 2019.
The Minutes of that meeting show that four (4) members including the
Respondent were present. The Respondent said a short prayer at the
commencement of the meeting.
The Committee considered 76 (seventy-six) Single Source (SS), Restricted

Tendering (RT), applications and responses received to queries on earlier
applications at its 21st Meeting, as per a Summary Table.
The Poles application appears at 37. Application No.: RT/22/12/18,

received by the PPA on 10/12/18, GPHA ref. No. DG/HQ/C.3/VOL.5/876
dated 29/11/18:
Estimated Contract Cost- GH₵2,065, 000.00
Summary of Application: GPHA is seeking approval from PPA to

use the Restricted Tendering Method for the supply, installation of
30-Meter-High Mast Poles Complete with Lantern Carriageway at
the Tema Port at an estimated cost of GH₵2,065,000.00. The following
firms have been shortlisted to participate in the tendering process:
i. Powastysystem Eng. & Electrical Service Ltd

ii. Power Factor Limited
iii. Technolights Limited
iv. Pro Distro Global Ltd
v. Ba-Iseng Enterprise Limited
Page 87 of 188
vi. Talent Discovery Limited
Justification and Relevant Clause Provided by Entity: NIL
Consultant/Contractor/Suppliers Qualification: All shortlisted

companies are registered in Ghana and possess valid statutory
documents.
Conclusion: We recommend that the Board grant under section 38

(b) of Act 663 as amended to enable the GPHA to undertake the
procurement activity. GPHA should be advised to revise the
estimated cost downwards by some 15% to enhance the achievement
of value for money.
Decision: Approved as Recommended with 10% discount as

opposed to the proposed 15% discount.
Following the 21st Meeting, the CEO, in a letter dated 24th January 2019, ref.
No. PPA/CEO/01/102/19 conveyed the decision of the Board at its 21st
Meeting to approve the request of the GPHA for the Poles:
“At the Board Technical Committee Meeting No. 21 (021/20180 held on

Monday, 23rd January 2019, the Board granted approval to Ghana Ports
and Harbours Authority (GPHA), in accordance with section 38 (b) of Act
663 as amended, to use Restricted Tendering Method to invite the under
listed companies to tender for the supply, installation and commissioning of
a 30-meter-high Mast Poles complete with Lantern Carriageway at Tema
Port at a total estimated cost of GH₵350,000.00;
Messrs. POWASTYSYSTEMS ENG. & ELECTRICAL SERVICE

LTD
Messrs. POWER FACTOR LIMITED
Messrs. TALENT DISCOVERY LIMITED
Messrs. TECHNOLIGHTS LIMITED
Messrs. PRO DISTRO GLOBAL LTD
Messrs. BA-ISENG ENTERPRISE LIMITED…”
Page 88 of 188
The GPHA did not provide any justification/reasons why it was seeking to
use RT in its application.
James Town Lighthouse Facilities Contract:
The records show that GPHA requested for approval from the PPA to use
RT method of procurement in a letter ref. DG/HQ/C.3/Vol.5/872, dated 29
November 2018. The companies listed were:
1. Grovtex Ventures Limited

2. Canduns International Ltd
3. Talent Discovery Limited
4. Abitjack Contruction Works Ltd
OUR REF: DG/HQ/C.3/VOL.5/115 11TH FEBRUARY, 2019
THE CHIEF EXECUTIVE

PUBLIC PROCUREMENT AUTHORITY
PRIVATE MAIL BAG 30
MINISTRIES –ACCRA
Dear Sir,
RE: REQUEST FOR APPROVAL FOR RESTRICTED TENDERING –

PROCUREMENT OF WORKS AT PORT OF TEMA-
REHABILITATION OF JAMES TOWN LIGHTHOUSE FACILITIES –
ACCRA
We make reference to your memorandum No. PPA/CEO/01/58/19 dated

22nd January, 2019 in respect of the above mentioned subject matter.
Please find attached:
1. The Priced bills of Quantity for the project
Page 89 of 188
Ministry of Works and Housing Classification Certificate and other
statutory documents for Canduns International Limited could not be
obtained.
Thank you for your usual understanding and cooperation.
Yours faithfully,
FOR: GHANA PORTS & HARBOURS AUTHORITY
Signed
MICHAEL A. LUGUJE
AG. DIRECTOR-GENERAL
JUSTIFICATION AND
RELEVANT CLAUSE
PROVIDED BY ENTITY
CONSULTANT/ All four (4) shortlisted companies

CONTRACTOR/SUPPLI are registered in Ghana and possess
ERS QUALIFICATION
valid statutory and other relevant
documents.
Per the MWH classification

TECHNICAL certifications provided, the
CAPABILITIES shortlisted companies possess the
requisite expertise to undertake the
works.
We found the price estimates

PRICE provided in the Priced BOQ to be
REASONABLENESS reasonable with the exception of the
General Items which is found to be
high and should be revised
downwards by 10%.
We recommend Approval by the

Board in accordance with Section 38
Page 90 of 188
CONCLUSION (b) of Act 663 as amended. GPHA
should however be advised to revise
the estimate for the General Items
downwards by 10% to achieve
Value for Money.
BOARD DECISION Approved as recommended.
69. Application No.: RT/15/12/18 Date Received: 10th DECEMBER, 2018

Ref: DG/HQ/C.3/VOL.5/872 dated 29/11/18
NAME OF ENTITY GHANA PORTS AND REMARKS

HARBOURS AUTHORITY
TYPE OF WORKS –REHABILITATION Decision of the

PROCUREMENT OF JAMES TOWN Board
LIGHTHOUSE FACILITIES –
(goods/works/serv communicated to
ACCRA
ices) GPHA vide Letter
no.
PPA/CEO/03/511/19
of 25th March 2019
STATUS NEW APPLICATION –RT
SOURCE OF FUNDS IGF

ESTIMATED GHC400,000.00
CONTRACT CO ST
WARRANT N/A
GPHA is seeking approval

from PPA to use the
SUMMARY OF
Restricted Tendering
APPLICATION
Method for the
rehabilitation of James
Town Lighthouse facilities
Page 91 of 188
– Accra at an estimated cost
of GHC 400.00.00. The
following firms have been
shortlisted to participate in
the tendering process:
1. GROVTEX
VENTURES
LIMITED
2. CANDUNS
INTERNATIONAL
LTD
3. TALENT
DISCOVERY
LIMITED
4. ABITJACK
CONTRUCTION
WORKS LTD
Response from PPA
Our Ref. No. PPA/CEO/03/511/19 25 March, 2019
RE: REQUEST FOR APPROVAL FOR RESTRICTED TENDERING

PROCUREMENT OF WORKS AT PORT OF TEMA –
REHABILITATION OF JAMES TOWN LIGHTHOUSE FACILITIES –
ACCRA
We make reference to your letter No. DG/HQ/C.3/VOL.5/115 dated 11 th

February, 2019 in response to our letter No. PPA/CEO/01/58/19 dated 22 nd
January, 2019 on the above mentioned subject.
At the Board Technical Committee Meeting No. 23 (023/2018) held on

Friday, 15th March 2019, the Board noted from the Bill of Quantities
submitted that, the estimated cost for rehabilitating James Town
Lighthouse is GHC 278,981.02 and not GHC400,000.00 as stated in your
letter.
Page 92 of 188
GPHA is therefore kindly requested to explain the discrepancy in the two
Cost to enable the Authority process your request.
We count on your usual co-operation.
Signed
AB ADJEI
CHIEF EXECUTIVE
THE DIRECTOR GENERAL

GHANA PORTS AND HARBOURS AUTHORITY
TEMA
ATTN: MR. MICHAEL A. LUGUJE
Response of GPHA to PPA letter No. PPA/CEO/03/511/19 of 25 March,

2019
OUR REF: DG. HQ/C.3/V.7/276 12TH APRIL, 2019
THE CHIEF EXECUTIVE

PRIVATE MAIL BAG 30
MINISTRIES –ACCRA
Dear Sir,
RE: REQUEST DOR APPROVAL FOR RESTRICTED TENDERING –

PROCUREMENT OF WORKS AT PORT OF TEMA-REHABILITATION
OF JAMES TOWN LIGHTHOUSE FACILITIES – ACCRA
Reference is made to your letter PPA/CEO/O3/511/19 dated 25th march 2019

seeking clarification in the amounts earlier submitted with respect to the
above subject matter.
Page 93 of 188
The initial amount of GHC 400,000.00 was lifted from our 2018 annual
budget which was more of high projections of maintenance needs for the
structure at that time against a more detailed assessment of the scope of
work.
Moreover, our in-house maintenance team had to respond to an emergency

situation for the celebration of the Homowo festival by carrying out some
works on the lighthouse, hence the reduction in the scope and cost.
We hope our explanation should be able to address the discrepancy in the

two cost to fast track our approval request.
Counting on your usual cooperation.
Yours faithfully,
For: GHANA PORTS & HARBOURS AUTHORITY
Signed
MICHAEL A. LUGUJE
DIRECTOR-GENERAL
CC: General Manager, Engineering, Headquarters

Ag. Procurement Manager, Headquarters
Our Ref. No. PPA/CEO/05/936/19 15 May, 2019
RE: REQUEST FOR APPROVAL FOR RESTRICTED TENDERING

PROCUREMENT OF WORKS AT PORT OF TEMA –
REHABILITATION OF JAMES TOWN
LIGHTHOUSE FACILITIES –ACCRA
We make reference to your letter No. DG.HQ/C.3/V.7/276 dated 12th April,

2019 in response to our letter No. PPA/CEO/02/511/19 dated 25th March,
2019 on the above subject.
Page 94 of 188
Friday, 15th March 2019, the Board decided that, upon submission of
satisfactory information as requested by the Authority, PPA may proceed
to convey approval to Ghana Ports and Harbours Authority.
We have reviewed the additional information submitted and find it

satisfactory. Accordingly, and in line with Section 38 (b) of Act 663 as
amended, we convey approval to Ghana Ports and Harbours Authority to
use Restricted Tendering Method to invite the underlisted companies to
tender for the rehabilitation of James Town Lighthouse facilities in Accra
at an estimated cost of GHC400, 000.00:
1. GROVTEX VENTURES LIMITED

2. CANDUNS INTERNATIONAL LTD
4. ABITJACK CONTRUCTION WORKS LTD
Please ensure that the shortlisted companies are duly registered on the
PPA Supplier database.
This approval is subject to submission of a copy of Evaluation Report,

copy of Tender Document and Tenders submitted by Tenderers to PPA,
prior to obtaining concurrent approval from the relevant Review
Committee.
Please ensure that all documentation regarding this procurement is
appropriately kept to facilitate future procurement and tax audits and also
you are reminded to post the contract award notice on Public Procurement
Website: www.ppagana.org.
We count on your usual cooperation.
Signed
AB ADJEI
CHIEF EXECUTIVE
Page 95 of 188
MINUTES OF THE 23RD TECHNICAL COMMITTEE MEETING

HELD ON WEDNESDAY 15TH MARCH 2019 AT THE PPA BOARD ROOM 6TH
FLOOR, SSNIT EMPORIUM, AIRPORT CITY
1.0 ATTENDANCE
1.1 PRESENT
1. Mr. Samuel R. Nee Baidoo - Member/Vice

Chairman
2. Mr. Adjenim Boateng Adjei - CEO/Member
3. Dr. Emmanuel Yaw Boakye - Member
1.2 APOLOGIES
1. Mrs. Ernestina Swatson Eshun - Chairperson

2. Hon. Godfred Dame - Member
2. IN ATTENDANCE
1. Mrs. Lesley Dodoo - Board Secretary

2. Wilhelmina Asabea Bampoe - Assistant Board
Secretary
3. Mr. Abdul Kaadri Zigani - Due Diligence Unit
2.0 AGENDA
2.1 Opening
2.2 Confirmation of Minutes and SSRT Table of the 22nd SSRT

Meeting held on Wednesday 20th February, 2019.
2.3 Consideration of responses received to earlier Applications.
2.4 Consideration of New SSRT Applications.
Page 96 of 188
2.5 Any Other Matters
1.0 OPENING
The Mr. Baidoo welcomed all to the 23rd Board Technical Committee
meeting. He informed members that he would Chair the meeting on
behalf of the Chairperson who had travelled on official duty.
The meeting commenced at 10:00 am after a short prayer by the CEO.
2.0CONSIDERATION AND CONFIRMATION OF MINUTES AND

SUMMARY TABLES OF 22ND SSRT MEETING HELD ON
WEDNESDAY 20TH FEBUARY, 2019
Members considered the Minutes and Summary of Tables of the 22nd

SSRT meeting held on Wednesday 20th February, 2019 and the various
actions taken.
The Chairman called for move for acceptance of the Minutes in the
absence of corrections and amendments. Dr. Emmanuel Boakye moved
for the acceptance of the Minutes as a true reflection of the day’s
proceedings and same was seconded by CEO.
2.1CONSIDERATION OF RESPONSES RECEIVED TO EARLIER

APPLICATIONS
The Chairman called on the CEO to lead briefing on the responses

received from Entities on applications earlier queried or for which
additional satisfactory documents and information were requested.
The CEO took members through the responses attached and the
recommendations on same as well as steps taken by Management in
light of the responses.
2.2CONSIDERATION OF NEW APPLICATIONS – REQUEST

FOR SOLE SOURCE & RESTRICTED TENDERING (SSRT)
Page 97 of 188
Members considered the 82 (Eighty-Two) Single Source (SS), Restricted
Tendering (RT), supplementary applications and responses received to
queries issued on earlier applications, as per the Summary Table
attached. The CEO led the presentation of applications and gave
technical clarifications to Members as required.
3.0 SSNIT APPLICATION FOR RATIFICATION
Members observed that this was a precarious situation. Though the

contract of service had been done it was not a good contract. Members
noted that the amount involved was now part of judgement debt and
therefore granted permission for SSNIT to proceed and pay to avoid
judgement debt pending investigations earlier authorized.
4.0 CONCLUSION
In the absence of any further business, the Chairman called for a motion
to close the meeting. CEO moved for closure of the meeting and was
seconded by Dr Emmanuel Boakye.
The meeting ended at 1:00 pm and was duly adjourned.
SIGNED:
……….. ……………….
MR. SAMUEL NII BAIDOO (MR.) LESLEY DODOO (MRS.)

For: CHAIRPERSON BOARD SECRETARY
BOARD TECHNICAL COMMITTEE
From the records, the Technical Committee of the PPA Board at its meeting
No. 023 (023/2018) held on Friday, 15th March 2018, requested that GPHA
provides satisfactory explanation as to discrepancy in cost. The GPHA
responded with an explanation that the contract sum had been reduced to
GH₵ 278, 981.02 because their in-house maintenance team carried out
some works on the light house in response to an emergency situation for
the celebration of the Homowo festival. The Committee did not meet again
Page 98 of 188
on this issue after the GPHA submitted the additional information
requested for by the 23rd meeting of the Board Technical Committee, before
the 15th May, 2018 letter by the Respondent was issued.
In the said letter, the Respondent communicated to the GPHA that:

satisfactory information as requested by the Authority, PPA may proceed to
convey approval to Ghana Ports and Harbours Authority.

amended, we convey approval to Ghana Ports and Harbours Authority
to use Restricted Tendering Method to invite the underlisted companies to
tender for the rehabilitation of James Town Lighthouse facilities in Accra at
an estimated cost of GHC400, 000.00:
Reefer Container Terminal Equipment: The GPHA applied for approval

in its letter Ref. DG/HQ/C.3/VOL.5/875, dated 29th November 2018, to The
Chief Executive Officer, PPA seeking “…authorisation to invite the under
listed eligible contractors to tender for ...the Supply, Installation and
Commissioning of an Automatic Power Factor Correction and Energy
Demand Reduction Equipment at the Reefer Container Terminal at Tema
Port (Equipment):
i. POWER WORLD LIMITED

ii. POWER FACTOR LIMITED
iii. KENPONG CONSTRUCTION LIMITED
iv. BA-ISENG ENTERPRISE LIMITED
v. TALENT DISCOVERY LIMITED
vi. NEL SUPPLIES LIMITED
The GPHA also attached the relevant documents for the contractors (listed
above) for the perusal and action of the CEO (Respondent). On receipt of
Page 99 of 188
this request from the GPHA (as was being done to such requests), the
Respondent minuted on the letter to the chair of the DDU for action.
The 21st Meeting of the Board of 23rd January 2019 considered the following
application:
No. 36: Application No. SR/21/12/18, Date Received: 10TH December, 2018,
Ref: DG/HQ/C.3/VOL.5/875 dated 29/11/18.
Members present at this meeting included Mr. Adjenim Boateng Adjei

(Respondent) CEO-member (Respondent). The Chairperson welcomed all
to the first meeting of the year and wished members a happy new year. The
meeting commenced after a short prayer by the CEO.
Members considered Minutes and Summary table of the 20th SSRT Meeting
held on 13th December 2018 and in the absence of any errors or
amendments, the Chairperson called for acceptance of the minutes as the
true reflection of the day’s proceedings. Dr. Boakye moved the motion to
accept the minutes and was seconded by the CEO, Mr. A.B. Adjei.
It considered 76 single source (SS), restricted tendering (RT) applications

and responses received to queries on earlier applications, as per a
Summary Table attached.
Extract from the Table attached:
Estimated Contract Cost – 350,000
Summary of Application: GPHA is seeking approval from PPA to use

the Restricted Tendering Method for the Supply Installation and
Commissioning of an Automatic Power Factor Correction and Energy
Demand Reduction Equipment at the Reefer Container Terminal at the
Tema Port at an estimated cost of GH₵350,000. The following firms have
been shortlisted to participate in the tendering process:
1. Power World Limited
2. Power Factor Limited
3. Talent Discovery Limited
Page 100 of 188
4. Kenpong Construction Limited
5. NEL Supplies Ltd
6. Ba-Iseng Enterprise Limited
Justification and Relevant Clause Provided By Entity: Nil
Consultant/Contractor/Suppliers Technical Qualification: All

shortlisted companies are registered in Ghana and possess valid
statutory documents
Price Reasonableness: The price is fairly reasonable
Conclusion: We recommend that the Board grants approval under

section 38 (b) of Act 663 as amended to enable the GPHA to
undertake the procurement activity.
Decision: Approved as recommended
The Respondent was present at the 21st Meeting of the PPA Board Technical
Committee. The minutes show that the deliberations related to request for
approval by GPHA for companies to tender under RT method. The
shortlisted companies include TDL. Some of the documentation provided
included the company’s profile. TDL’s profile which was presented at that
meeting had the Respondent’s name as Director and Shareholder. The
Respondent did not recuse himself during the meeting.
The CEO of the PPA conveyed the decision of the Board in letter Ref. No.
PPA/CEO/01/101/19, dated 24 January 2019 that
“…At the Board Technical Committee Meeting No. 021 (021/2018) held on
Monday, 23rd January 2019, the Board granted approval to Ghana Ports and
Harbours Authority (GPHA… to use Restricted Tendering Method to
invite the under listed companies to tender for the supply, Installation and
Commissioning of an Automatic Power Factor Correction and
Energy Demand Reduction Equipment at the Reefer Container
Terminal-Tema Port at a total estimated cost of GH₵350,000:
1. Messrs. Power World Limited

Page 101 of 188
2. Messrs. Power Factor Limited
3. Messrs. Talent Discovery Limited
4. Messrs. Kenpong Construction Limited
5. NEL Supplies Limited
6. Messrs. Ba-Iseng Enterprise Limited
From the minutes of the Board Technical Committee Meeting No. 021
(021/2018), it is stated under “price reasonableness” thus:
“…The price is slightly high. GPHA must be advised to revise the cost
downwards by 15%. “Board Decision”-Approved as recommended with
10% discount as opposed to 15% discount.”
TDL was among the companies shortlisted to participate in tendering

processes for 1) Column Lift at GH₵160,000; 2) the Supply Installation and
Commissioning of 30 Meter High Mast Poles complete with Lantern
Carriageway at the Tema Port at an estimated cost of GH₵2,065,000, 3) the
Supply Installation And Commissioning Of An Automatic Power Factor
Correction And Energy Demand Reduction Equipment at the Reefer
Container Terminal at the Tema Port at an estimated cost of GH₵350,000
The Respondent did not disclose his interest in TDL or recuse himself
during the proceedings.
8.2.4. Bank of Ghana
Industrial Air Purifiers: The Commission found that the CEO of the PPA,
in a letter Ref. No. PPA/CEO/02/266/19 dated 8th February, 2019, granted
approval to the Bank of Ghana to use Restricted Tender Procurement
Method for the Supply and Installation of Industrial Air Purification
Equipment for Currency Processing Centres and Vaults of Bank of Ghana
at an estimated cost of GH₵14, 900,000.00.
In the said letter, the CEO stated that the PPA had advised that the amount
be revised downward by 15% and thus approved GH₵12,665,000.00.
Page 102 of 188

The list of companies in respect of which the BOG sought the approval in
Bank of Ghana letter No.: SF/ORG/7/2019/7 of 24th January, 2019 were the
following:
i. M/S Westin Intelligence Solutions Ltd

ii. M/S Unicell Ghana Ltd
iii. M/S Sancron Ghana Ltd
iv. M/S Talent Discovery Ltd
Coin Sorters: The Bank of Ghana, again, requested for approval to use
Restricted Tender Method of Procurement for a contract for the Supply and
Installation of Coin Sorters. The minutes of the Board Meeting that
considered this request is not provided but the Respondent in a letter No.
PPA/CEO/01/40/19 dated 18 January 2019 conveyed the Board approval to
the request as follows:
“…RE: REQUEST FOR APPROVAL TO USE RESTRICTED TENDER

PROCUREMENT METHOD FOR THE SUPPLY AND
INSTALLATION OF COIN SORTERS FOR BANK OF GHANA
We make reference to your letter no SF/ORG/7/2019/1 of 11th January,

2019 in response to our letter No. PPA/CEO/11/1782/18 dated 2nd
November, 2018 on the above subject.

Thursday, 1st November 2018, the Board decided that, upon receipt of
satisfactory information as requested by the authority, approval should be
conveyed to the Bank of Ghana.
We find the additional information submitted satisfactory and accordingly

convey our approval to Bank of Ghana in accordance with Section 38 (b) of
Act 663 as amended, to use the Restricted Tendering Method to invite the
under listed companies to tender for the procurement of Five (5) coin sorters
for the Bank at an estimated cost of €400,000.00
Page 103 of 188

i. M/S TALENT DISCOVERY LIMITED
ii. M/S ALSALE SERVICES LIMITED
iii. M/S SUZOHAPP (SCAN COIN AB)
iv. M/S SUSZOU KOBOTECH TRADING CO. LTD
v. M/S RIBAO TECHNOLOGY
This approval is subject to submission of a copy of Evaluation Report, copy of

Tender Document and Tenders submitted by Tenderers to PPA, prior to obtaining
concurrent approval from the relevant Review Committee…”
The BOG duly obliged the PPA with an Evaluation Report and Tender
documents. The CEO of the PPA, in a letter Ref. No. PPA/CEO/05/1093/19
dated, 28th May, 2019 stated
“…please refer to your letter with reference number SF/ORG/7/2019/25
DATED 8th May, 2019 which you submitted Evaluation Report, Tender
submitted and Tender Document issued to Tenderers as requested by our letter
with reference no. PPA/CEO/01/40/dated 18th January, 2019….
(a) Talent Discovery offer made of March 9th does not meet the minimum
Technical Specification and yet it was passed to proceed to the next stage
evaluation as a responsive tender…”
Then again, the CEO of the PPA wrote:
RE-SUBMISSION OF EVALUATION REPORT AND OTHER

RELATED DOCUMENTS ON THE SUPPLY AND INSTALLATION
OF COIN SORTERS FOR BANK OF GHANA
Please refer to your letter with reference number SF/ORG/7/2019/25 dated

8th May,2019 by which you submitted Evaluation Report, Tenders
submitted and Tender Document issued to Tenderers as requested by our
letter with reference no. PPA/CEO/01/40/19 dated 18th January, 2019.
The review team made these observations and presented below:
Page 104 of 188

a) Talent Discovery offered model of Mach 9e Wave which does not meet the
minimum Technical Specifications and yet it was passed to proceed to the
next stage of the evaluation as a responsive tender;
b) Search on the PPA Supplier Date Base showed no results for Sozuhapp/scan
Coin AB as at 1:00pm, 23rd, 2019, the company provided the Registration
Form as proof of registration and evaluation panel failed in their duty to flag
the misrepresentation which is an infraction to Section 22 (5) of Act 663 as
amended; The email sent by Hamza Sawyer on 14th February, 2019 in
answering the clarifications sought by Sozuhapp/Scan Con AB reiterated in
paragraph 2, third line that “All companies certificate of registration as part
of the process as stated in the RFP”.
In view of the above, PPA cannot grant BoG approval to continue with the
evaluation process and further directs BoG to do re-evaluation of the tenders
using its pre-disclosed criteria and ensure full application of your minimum
specification requirements. You are requested to re-submit your re-valuated
request to the Authority for our review and necessary action?
Bank of Ghana had requested for approval to use RT/SS for the
procurement of: 1) Supply and Installation of Industrial Air Purification
Equipment for Currency Processing Centres and Vaults of Bank of Ghana
at an estimated cost of GH₵14, 900,000.00, and 2) Supply and Installation
of Coin Sorters.
8.2.5. Ministry of Education
The Ministry of Education (MoE) in a letter to the Commission dated 16th

October 2019, Ref. No. DA240/355/01 provided information/documents
which indicates that the MoE shortlisted TDL for the award of contracts for
the Construction of structures in selected Senior High Schools across the
country using restricted Tendering Method under its project
“ADDITIONAL STRUCTURES IN SELECTED SENIOR HIGH SCHOOLS
ACROSS THE COUNTRY.” The contracts for which TDL was shortlisted
are:
Page 105 of 188

• a Single Storey Dormitory Block at Collins SHS, Agogo in the Asante
Akim North District in the Ashanti Region;
• ii)1No. 12-Seater Toilet Block at the Tuobodom SHTS at the Techiman
North District of in Bono East Region, and
• I No. Two Storey Dormitory Block at Savelugu SHS, Northern Region
Tuobodom and Collins SHS: The Tuobodom and Collins SHS projects fell
under an application by the MoE to the PPA requesting for approval to use
restricted tendering method to procure contractors for the construction of
structures in selected senior high schools across the country. It was
contained in a letter signed by the Minister, Dr. Matthew Opoku Prempeh,
Ref No. FA 101/331/01, dated 28th February, 2019. It is stated:
“…The introduction of Free Senior High Scool Policy by the Government

of Ghana has resulted in increased enrolment in Senior High Schools (SHS)
across the country. This has resulted in the Ministry running a double track
system to accommodate the increased enrolment. In view of this, the
Ministry of Education has received funds from the Ghana Education Trust
Fund (GET Fund) under the Emergency Senior High Schools Project to
construct structures in selected SHS to eliminate double track system for
second year students in those schools in September 2019.
Given the short time at our disposal, the Ministry of Education, therefore
wishes to seek the approval of the Public Procurement Authority under
section 38 (b) of the Procurement Act, 2003 (663) as amended to use
Restricted Tendering Method to select companies from the attached list of
Contractors who have been assessed and found to have the capacity to
construct the structures within the time schedule.
It is noted that this approach will enable the Ministry save time and cost in
the examination and evaluation of large tenders.
Please find attached a table showing the name of school, structure type,
estimated cost, proposed tenderers (extract presented below) …Also find
attached are the Tenderers Business documents...”.
Page 106 of 188
Name of Company School/Community Facility Budget
S/No
(GH₵)
Talent Discovery Ltd Dormitory 1,298,000.00
Canduns International Collins SHS, Agogo 12-Seater WC
25. Ltd Toilet 160,000.00
AbitJack Construction Tuobodom SHS
Ltd
The MoE provided justification for the request to use RT/SS as “…Given the
short time at our disposal, …will enable the Ministry save time and cost in the
examination and evaluation of large tenders…”
The 23rd Technical Committee Meeting held on Wednesday 15th March,

2019 considered the application by the MoE which had the following
members present:
• Mr. Samuel R. Nii Baidoo - Member/Vice Chairman

• Mr. Adjenim Boateng Adjei - CEO/Member
• Dr. Emmanuel Yaw Boakye - Member
The meeting commenced at 10:00am after a short prayer by the CEO.
The Chairman called for a motion to adopt the minutes of the 22nd Meeting
and in the absence of corrections and amendment, Dr. Emmanuel Boakye
moved the motion to adopt the minutes and same was seconded by the
CEO.
Under new applications, the Chairman called the CEO to lead the briefing
on the response received from entities on applications earlier queried or for
which additional satisfactory documents and information were requested.
The CEO took members through the responses attached and the
recommendations on same as well as the steps taken by Management in
the light of the response.
Members considered the 82 (Eighty-Two) single Source (SS), Restricted

Tendering (RT), supplementary applications and responses received to
Page 107 of 188

queries issued on earlier applications, as per a summary Table attached.
The CEO led the presentation of the applications and gave technical
clarifications to Members as required.
In the absence of any further business, the Chairman called for a motion
to close the meeting. CEO Moved for the closure of the meeting and was
seconded by Dr. Emmanuel Boakye.
The application by the MoE is recorded on the Summary Table as “46.

Application No.: RT/19, Date Received: 5th March, 2019, Re: FA101/331/01 dated
28/02/19.
Extracts of the Summary table:
Type of Procurement (goods/works/services): Works-Construction of

Structures in Selected SHS across the Country
Status: New Application (RT)
Estimated Contract Cost: GH₵42, 441,956.77
Summary of Application: MoE is requesting for approval to adopt the

Restricted Tendering procurement method in accordance with section 38 (b)
of Act 663 as amended, to engage contractors for construction of various
structures in selected Senior High Schools (SHSs) across the country.
Justification and Relevant Clause Provided by Entity: The

introduction of the Free Senior High School Policy by the government has
resulted in increased enrolment in SHSs across in the country. This has
resulted in the Ministry running double track system to accommodate the
increased enrolment. The Ministry has received funds from GET Fund
under the Emergency SHS Project to construct structures in selected SHSs
to eliminate the double track system for second year students in those schools
in September, 2019.
The Project has been grouped into twenty-five (25) lots with three (3)
shortlisted construction companies for each lot.
Page 108 of 188

Consultant/Contractor/Suppliers Qualification: The shortlisted
construction companies are registered in Ghana. Most of the statutory
documents (SSNIT and Tax Clearance Certificates, and MW & H
Certificates) provided expired and need to be renewed.
Technical Capabilities: The shortlisted companies have the capability to

execute the Project. However, we observed that the companies shortlisted for
lot 24 (M/S Hallwort Ghana Ltd, M/S Regent House Ltd, and M/S
Phenopia Ltd) have common shareholders or beneficiaries. It is therefore
advisable that they are replaced to ensure proper competition in the
tendering process.
Price Reasonableness: We found the estimated cost for each lot to be

reasonable.
Conclusion: We recommend the Board grants approval to the request under

section 38 (b) of Act 663 as amended. MoE should be advised to replace the
shortlisted companies for lot 24 to enhance competition and also ensure that
valid documents are obtained from each company during tendering.
Decision: Approved as recommended
The CEO of the PPA (Respondent) wrote a letter ref. No.

PPA/CEO/03/547/19 of 15th March, 2019 conveying the approval of the
Board to the MoE, that:
“…We make reference to your letter your letter no. FA101/331/01 dated
28th February, 2019 on the above mentioned subject.

Friday, 15th March 2019, the Board granted approval to the Ministry of
Education in accordance with section 38 (b) of Act 663 as amended, to use
Restricted Tendering Method to invite the under listed companies to tender
for the procurement of Contractors to undertake the construction of various
structures in selected Senior High Schools (SHSs) across the country at a
total estimated cost of GHS42, 441,956.77 as per the attached list.
Page 109 of 188

MoE is however advised to replace the shortlisted companies for Lot 24 to
enhance competition and ensure that valid documents are obtained from all
the shortlisted firms during the tendering process.
You are also required to ensure that all shortlisted firms duly register on the
PPA supplier database...”
Savelugu SHS: A request by the MoE to the PPA to use Restricted

Tendering Method, in a letter dated 8th April 2019 which reads:
REQUEST FOR APPROVAL TO USE RESTRICTED TENDERING

METHOD TO ENGAGE CONTRACTORS FOR THE
CONSTRUCTION OF ADDITIONAL STRUCTURES IN SELECTED
SENIOR HIGH SCHOOLS ACROSS THE COUNTRY”
“The introduction of the Free Senior High School Policy by the Government
of Ghana has resulted in increased enrolment in Senior High Schools (SHS)
across the country. This has resulted in the Ministry running a double track
system to accommodate the increased enrolment.
The Ministry of Education has received funds from the Ghana Education
Trust Fund (GET Fund) under the Emergency Senior High School Project
to construct additional structures in selected SHS in line with the
elimination of the double track system by September 2019”
Given the short time at our disposal, the Ministry therefore wishes to seek
approval of the Public Procurement Authority under section 38 (b) of the
Public Procurement Act 2003 (663) as Amended to use the Restrictive
Tendering Method to select companies from the attached list of contractors
who have been assessed and found to have the capacity to construct the
structures within the time schedule”
The Ministry’s letter contains a list of 104 LOTS, numbered RST 01-104 with
the type of structure to be constructed, the location, name of school, names
of the contractors it had shortlisted and the estimated cost.
Page 110 of 188

At RST 55 is the Savelugu SHS contract where three companies were
shortlisted by the MoE. The companies are: Canduns International Ltd,
Talent Discovery Limited and ABITJACK Construction Limited.
On receipt of the MOE’s request dated 8th April 2019, No. FA101/331/01, the
CEO of the PPA in a letter dated 6 May 2019 (under the signature of the
CEO), ref. No. PPA/CEO//05/842/19, titled “RE: REQUEST FOR
APPROVAL TO USE RESTRICTED TENDERING METHOD TO ENGAGE
CONTRACTORS FOR THE CONSTRUCTION OF ADDITIONAL
STRUCTURES IN SELECTED SENIOR HIGH SCHOOLS ACROSS THE
COUNTRY” addressed to the Hon. Minister, Ministry of Education, Accra.
ATTN: DR. MATTHEW OPOKU PREMPEH (MP), wrote:
“At the Board Technical Committee Meeting no 25 (025/2019) held on

Friday, 3rd May 2019, the Board decided that the Ministry of Education
should furnish us with the cost breakdown for each LOT of the proposed
structures to be constructed to facilitate the processing of your request…”
The minutes of the Board Technical Committee Meeting no 25 (025/2019)

held on Friday, 3rd May 2019 show that seven members of the Board
including the Respondent were present. The rest were:
i. Mrs. Ernestina Swatson Eshun - Chairperson

ii. Mr. Samuel R. Nii Baidoo - Member
iii. Hon. Godfred Dame - Member
iv. Mrs. Stella Williams - Member
v. Dr. Yaw Boakye - Member
vi. Mr. Kofi Owusu - Member
The meeting commenced at 10:30am after a short prayer by the CEO.
The Chairperson Ernestina Eshun welcomed all to the 25th Board Technical
Committee meeting. She welcomed the two additional Board Members to
the meeting, which is now a full Board meeting as directed by the Board
Chairman and no longer the Board Technical Sub-Committee.
Page 111 of 188

It confirmed the Minutes and RT/SS Table of the 24th RT/SS Meeting held
on Wednesday 5th April, 2019, on the motion of Dr. Emmanuel Boakye,
which was seconded by the CEO (Respondent).
The Chairman called on the CEO to lead the briefing on the responses
received from Entities on application earlier queried or for which
additional documents and information had been requested. The CEO took
members through the responses and the recommendations on same as well
as the steps taken by Management in light of the responses.
Members considered 61 Single Source (SS), Restricted Tendering (RT),

supplementary applications and responses received to queries issued on
earlier applications, as per a summary table attached.
The CEO led the presentation of applications and gave technical

clarifications to Members as required. The Board requested management
to communicate the decisions taken to the various applicant entities.
In the absence of any further business, the CEO, Mr. A.B. Adjei, moved for
closure of the meeting and was seconded by Mr. Kofi Owusu.
This request by the MOE is recorded in the Summary Table as “...26.

Application No.: SS/04/19Date Received:11/04/19, Re: FA101/331/01 dated
8/04/19”
Extract of the Summary of Table:

Additional Structures in Selected SHSs across the Country
Estimated Contract Cost: GH₵191,632,350.00

structures in selected Senior High Schools (SHSs) across the country as part
of the process of eliminating the double track system by September, 2019.
Page 112 of 188
The project has been divided into 104 lots with three (3) construction
companies shortlisted for each lot.

increased enrolment. The Ministry has received funds from GET Fund
under the Emergency SHS Project to construct additional structures in
selected SHSs in line with elimination of the double track system.
Given the short time at the Ministry's disposal, it is imperative to adopt the
Restricted Tendering process to selected companies found to have the
capacity to construct the structures within the time schedule.
Consultant/Contractor/Suppliers Qualification: All the shortlisted

construction companies are registered in Ghana. However, the Works and
Housing classification for most has expired.
Technical Capabilities: We identified that some of the companies

shortlisted for some lots seem to have the same ownership: Canduns
International Ltd, and Talent Discovery Limited-Have same address and
were competing in same lot (lot55). Same Ownership.
Price Reasonableness: We found the estimated cost to be reasonable.

However, some of the projects have also been stated in the Ashanti Regional
Coordinating Council's request for approval. The two Agencies need to be
advised to liaise with each other and sort out the project to avoid duplication
of projects and or payments.
Conclusion: MoE should be advised to:
• Replace the companies identified/suspected to have the ownership

and are competing in the same lots to enhance competition.
• Liaise effectively with the Ashanti Regional Coordinating Council
in the execution of some of the projects in the region to prevent
Page 113 of 188

duplication of projects at the expense of other schools in other parts
of the country.
Board Decision: Approved granted subject to Management's

recommendation above.
On 8th May 2019, the CEO of the PPA, in a letter to the Hon Minister,
Ministry of Education, ref. No. PPA/CEO/05/842/19, with the heading “RE:
REQUEST FOR APPROVAL TO USE RESTRICTED TENDERING
METHOD TO ENGAGE CONTRACTORS FOR THE CONSTRUCTION OF
ADDITIONAL STRUCTURES IN SELECTED SENIOR HIGH SCHOOLS
ACROSS THE COUNTRY” stated:
“We make reference to your letter No. FA 101/331/01 dated 8 th April 2019
on the above subject.
At the Board Technical Committee Meeting no 25 (025/2019) held on

Friday, 3rd May 2019, the Board noted the content of your letter. However,
the Board observed that, some of the shortlisted companies seem to have the
same ownership as tabled below...”, among others:
Lot No. Companies Involved Issues identified Our Suspicion
55 Canduns International They have the same address Same Ownership

Ltd, and and are competing in the
Talent Discovery same Lot (no. 55)
“This letter supersedes our letter No. PPA/CEO/05/842/19 dated 6 th May

2019 on the subject above.
MOE is therefore advised to replace the companies identified/suspected

to have the same ownership and are competing in the same Lot to
enhance competition…”
By letter to the Chief Executive of PPA, dated 14 May 2019, ref. no.
FA101/331/01, titled “RE: REQUEST FOR APPROVAL TO USE
RESTRICTED TENDERING METHOD TO ENGAGE CONTRACTORS FOR
Page 114 of 188

THE CONSTRUCTION OF ADDITIONAL STRUCTURES IN SELECTED
SENIOR HIGH SCHOOLS ACROSS THE COUNTRY”, the MOE writes:
“…We make reference to your letter No. PPA/CEO/05/842/19 dated 8 th

May 2019 requesting the Ministry to replace companies
identified/suspected to have same ownership and are competing in the
same Lot.
“In response to your request, the Ministry has replaced the

identified/suspected companies with different companies to enhance
competition.”
Please find attached a list of the companies and their statutory

documents…”
List:
Lot MMDA Structure Name of Company Name Estimated
School Cost
55 Savelugu- 2-Storey Savelugu Prolus Investments 2,600,000

Nanton Dormitory Senior High Limited
Block School
Doemens Limited
Talent Discovery
The companies listed in the 8th April letter as suspected as having same
ownership in respect of LOT 55 are CANDUNS International Limited and
Talent Discovery Limited”. The PPA Board directed that the two
companies be replaced.
The CEO’s letter, dated 24th May 2019, ref. No. PPA/CEO/05/1082/19,
conveying the decision of the Board under the heading, “RE: REQUEST
FOR APPROVAL TO USE RESTRICTED TENDERING METHOD TO
ENGAGE CONTRACTORS FOR THE CONSTRUCTION OF ADDITIONAL
COUNTRY”, is as follows:
Page 115 of 188

“We make reference to your letter No. FA 101/331/01 dated 14 th May 2019
on the in response to our letter No. PPA/CEO/05/842/19 dated 8 th May 20-
19 on the above subject

Friday, 3rd May 2019, the Board decided that, upon submission of
convey approval to the Ministry of Education...to use restricted Tendering
Method to invite the under listed companies in 104 LOTS to undertake the
construction of various structures in selected Senior High Schools across
the country….as per the attached list”
Per the attached PPA approved list:

Lot MMDA Structure Name of Company Estimated
School Cost
Name
55 Savelugu- 2-Storey Savelugu Prolus 2,600,000

Nanton Dormitory Investments
Senior High
Block Limited
School
Doemens
Limited
Talent
Discovery
TDL Tender Form to the MoE in respect of the Emergency Senior High
School Project for the Construction of 1No. Single Storey Dormitory Block
at Collins SHS in the Asante Akim North District & 1No. 12-Seater Toilet
Block at the Tuobodom SHTS in the Techiman North District with Contract
Lot: EMRG/RT/AS10 and IFT No: MOE/FPMU/RT/WKS/001/2019 is dated
17th April, 2019
Then, the MoE, in a letter No. MOE/PFMU/EMRG/AS10 dated 5th July,

2019, notified TDL of the award of the contract to TDL (Notification of
Award), following which the contract between the MoE and TDL was
signed on 22nd July, 2019
Page 116 of 188

8.2.6. Ministry of Works and Housing
The Ministry of Works and Housing (MoWH) letter to the Commission in

a letter dated 9th September 2019, Ref. No. SCR/MQ.173/256/01 containing
a list of contracts it awarded to TDL and others on RT between 2017- 2019.
Ministry of Works and Housing requested for approval from PPA to use
Restricted Tendering Method for the procurement to execute 19 (Drain)
works in LOTS under the 2018 National Flood Control (Construction)
Programme at a cost GH₵30,800,000.00. Three (3) firms will bid for each
LOT with 30 constructions firms in total under the “WORKS-2018
EMERGENCY NATIONAL FLOOD CONTROL PROGRAMME”
The PPA Board Technical Committee Meeting 20th Meeting of December

2018. As already noted, present at that meeting were:
i. Mrs. Ernestina Swatson Eshun (Chair)

ii. Mr. Adjenim Boateng Adjei
iii. Dr. Emmnuel Yaw Boakye
iv. Hon. Godfred Dame
Appearing at “43. Application No.: Date Received: 11/12/18, Re:

RT/23/12/18, is the application of the MoWH.
Extract from the Summary table:
Type of Procurement (goods/works/services): Works-2018

Emergency National Flood Control Programme
Status: New Application
Summary of Application: Ministry of Works and Housing is

requesting for unconditional approval from PPA to use Restricted
Tendering Method for the procurement to execute 19 (Drain) works
in LOTS under the 2018 National Flood Control (Construction)
Programme at a cost GH₵30,800,000.00. 3 firms will bid for each LOT
with 30 constructions firms in total.
Page 117 of 188
Justification and Relevant Clause Provided by Entity: MoWH has
not been able to undertake any flood control works in the Accra-
Tema Metropolis and selected areas across the country for the past
year. As a result, most of the drains have become silted with all kinds
of waste materials. The monsoon rains this year has begun and
created serious flooding in most of the flood-prone areas within the
Metropolis and other parts of the country. Apart from the significant
cost and number of property lost, a number of death cases have been
recorded in the recent spates of rainstorm disasters particularly in the
Capital City. One plausible means of mitigating this dreadful
occurrence is the removal of silt, the widening of channels and
constructions of culverts to allow free flow run-offs.
The Ministry of Finance has provided Commencement Certificate for

the National Flood Control Programme to the tune not exceeding
GH₵194,500,000.00 which expires on the 31st December, 2018.
MoWH has so far presented 2 applications totalling (82,900,000.00 +

26,000,000.00 + 38,300,000.00) = GH₵147,200,000.00 which the Board
approved previously.
MoWH has so far presented 3 applications (including this one)

totalling (82,900,000.00 +26,000,000.00 +38,300,000.00 +30,800,000.00)
= GH₵178,000,000.00. Remaining balance as at now is
GH₵16,500,000.00).
Consultant/Contractor/Suppliers Qualification: Company Profile

and all the requisite documents were provided for all the shortlisted
firms.
Technical Capabilities: All the shortlisted companies have the

technical capabilities to undertake the assignment.
Price Reasonableness: The RT process will yield further saving on

the Engineer's estimate provided-hence we are inclined to accept the
price as reasonable. The estimate provided should not vary much
Page 118 of 188

from the final value submitted on the evaluation report that will
come to PPA for final approval.
Conclusion: We recommend that the Board grant approval to the

Ministry of Works and Housing under section 38 (1) (b) of Act 663 as
amended and the firms are not allowed to win more than 2 LOTS to
ensure the work can be completed within MoF deadline for
submission of payment of 31st December, 2018.
Decision: Approved as Recommended
The CEO of the PPA wrote conveying the approval of the request at the
20th Meeting of the Board in his letter Ref. No. PPA/CEO/04/725/19, dated
8th April, 2019:
“…RE-2018 EMERGENCY NATIONAL FLOOD CONTROL

PROGRAMME-CONSTRUCTION OF CONCRETE DRAINS: RE-
SUBMISSION OF TENDER EVALAUTION REPORTS
Please refer to your letter with reference number SCR/KQ.141/173/02(H)

dated 28th March, 2019 by which you re-submitted the Evaluation
Reports, Tender Documents and Tenderers for the following three (3) Lots
for review as requested by our letter with reference no.
PPA/CEO/01/137/19 dated 31st January, 2019:
Lot 2-Construction of Concrete Drain at Kumasi Tafo Mile 4;
Lot 3-Construction of Concrete Drain at Santa Maria (Plus FM

Area); and Construction of Concrete Drain at Teshie Greda Estate.
The review shows that for all the three (3) Lots:
• The Ministry of Works and Housing (MWH) invited the PPA approved
companies to tender and all of them submitted tenders;
• MoWH used the appropriate PPA Standard Tender Document and
Evaluation Report;
• The winning Tender Prices are within the PPA approved cost estimates;
Page 119 of 188

• The Tender Securities submitted for Lot 5-Teshie Greda Estate were
insurance bonds in the required amounts;
• The Tender Forms in the copies of the re-submitted Tenders for Lots 2 and
3, Kumasi and Santa Maria (Plus FM Area) are signed.
Approval is therefore granted for the Ministry of Works and Housing to

proceed with the Restricted Tender process…”
The Hydrological Services Department of the MoWH then awarded a

contract to TDL for the Construction of the Concrete Drains at the Santa
Maria per letter No. HSD/HQ/CONF2/D390, dated 20th March, 2019.
TDL accepted the offer in a letter 21st March 2019 and proceeded to sign an
agreement with the MoWH of 19th April 2019 (Thomas Amoah, as the
Project Manager of TDL, witnessed for TDL.
Another contract for which the MoWH made a request to the PPA for
approval to use RT method of procurement to execute 8 (Drain) works with
18 constructions firms in total, was also considered at the 20 th Meeting of
the Board in 2018 (supra) and recorded on the Summary Table at “44.
Application No.: Date Received: 12/12/18, Re: RT/32/12/18”
Extract of the Summary Table:
Type of Procurement (goods/works/services): Works-2018 Emergency

National Flood Control Programme
Summary of Application: Ministry of Works and Housing is requesting

for unconditional approval from PPA to use Restricted Tendering Method
for the procurement to execute 8 (Drain) works in LOTS under the 2018
National Flood Control (Construction) Programme at a cost
Page 120 of 188

GH₵16,500,000.00. 3 firms will bid for each LOT with 18 constructions
firms in total.
Justification and Relevant Clause Provided by Entity: MoWH has not

been able to undertake any flood control works in the Accra-Tema
Metropolis and selected areas across the country for the past year. As a
result, most of the drains have become silted with all kinds of waste
materials. The monsoon rains this year have begun and created serious
flooding in most of the flood-prone areas within the Metropolis and other
parts of the country. Apart from the significant cost and number of property
lost, a number of death cases have been recorded in the recent spates of
rainstorm disasters particularly in the Capital City. One plausible means of
mitigating this dreadful occurrence is the removal of silt, the widening of
channels and constructions of culverts to allow free flow run-offs.
The Ministry of Finance has provided Commencement Certificate for the

National Flood Control Programme to the tune not exceeding
GH₵194,500,000.00 which expires on the 31st December, 2018.
MoWH has so far presented 2 applications totalling (82,900,000.00 +

26,000,000.00 + 38,300,000.00 +30,800,000.00) = GH₵194,200,000.00
which the Board approved previously.
MoWH has so far presented 3 applications (including this one) totalling

(82,900,000.00 +26,000,000.00 +38,300,000.00 +30,800,000.00
+16,500,000.00) = GH₵194,500,000.00. Remaining balance as at now is
GHS0.00
Consultant/Contractor/Suppliers Qualification: Company Profile and

all the requisite documents were provided for all the shortlisted firms.
Technical Capabilities: All the shortlisted companies have the technical

capabilities to undertake the assignment.
Page 121 of 188

Price Reasonableness: The RT process will yield further saving on the
Engineer's estimate provided-hence we are inclined to accept the price as
reasonable. The estimate provided should not vary much form the final value
submitted on the evaluation report that will come to PPA for final approval.
Conclusion: We recommend that the Board grant approval to the Ministry

of Works and Housing under section 38 (1) (b) of Act 663 as amended and
the firms are not allowed to win more than 2 LOTS to ensure the work can
be completed within MoF deadline for submission of payment of 31st
December, 2018.
Decision: Approved as Recommended

On the renovation of renovation of Bungalow No. C41 Roman Ridge,
Accra, a Practical Completion Payment Certificate was raised by TDL in
the total sum of GH₵100,990.00 only, “…being value of work done to date
as per the Certificate…”
On the other contract for renovation, which is, the Renovation of Bungalow
No. 3A, Church Road, Airport Residential Area, Accra, a similar Practical
Completion Payment Certificate was presented to the MoWH by TDL for
payment.
The Tender Document on the Akatsi Channel Improvement contract, dated

January, 2019 contains the award of contract letter no. HAS/CONF.2/1010
dated 24th December 2018 as well as the agreement on same dated 12 th
February 2019.
8.2.7. Ministry of Inner City and Zongo Development
In terms of the contracts awarded to TDL by the Ministry of Inner City and
Zongo Development (MICZD), documents submitted by the PPA show
that the MICZD requested for approval to use Restricted Tendering (RT)
for various projects (works) within Zongo Communities in Ghana as part
of Government Policy to develop the Zongos, under the Ministry of Inner-
City and Zongo Development, for a number of projects including:
Page 122 of 188
• Greening of Parks and digging of Boreholes;
• Construction of Football Parks (Artificial Turf Football Park);
• Rehabilitation of School;
• Construction of drains and Alley Pavements.
The MICZD in a letter dated 22nd December, 2017 Reference No.

MICZD/PPA/001/17 and addressed to the CEO of PPA, sought approval
from the PPA to use RT "for various projects (works)" which stated in part
as follows:
"Subsequent to our previous request of 5th September, 2017 which was

approved on the 29th September, we write for supplementary approval for
Restricted Tendering to procure the services of the under listed firms to
execute projects in the sum of GH₵4.4 Million…
The CEO of the PPA in a letter dated 19th January, 2018 conveyed the
decision of “…the Board Technical Committee Meeting No. 8 (008/2018) held on
17th January 2018, to grant approval to Ministry of Inner-City and Zongo
Development.
The estimated cost of works on the project submitted to the PPA was
GH₵480,488.17 as per Application letter dated 5th September, 2017
indicating the Consultants bills of works.
It was further provided that:
"…Bidders may bid for all lots but no Single Bidder should be awarded more
than two (2) Lots of the Contracts. This approval is further subject to
submission of a copy of the Evaluation Report, a copy of the Tender
Document and proposals submitted by Tenderers to PPA, prior to award of
the Contract."
The list of firms for which approval was given included TDL for Lot 3, for
"Greening of Parks at Oda plus Borehole" at the cost of GH₵480,488.17, which
it won. The cost of 480,488.17 consisted of Consultancy Fees (14%) of
GH₵59,007.32 and Estimated Value of Works of GH₵421,480.85 and TDL
submitted the exact amount of 421,480.85 that the entity provided PPA.
Page 123 of 188
The Tender Evaluation Report (TER) dated November, 2017 with the
Contract No.: IFT No. GR/MICZD/WKS/003/2017, shows that there were
six (6) Lots in all; Lot 1 for Rehabilitation Works while Lots 2 to 6 for
Greening of Parks and Boreholes.
Three (3) firms, namely TDL, Extra Tactics Ltd, and Kel Yen Company Ltd
took part in the tender as indicated below.
Talent Discovery Limited (TDL) submitted bids for Lots 2, 3, 5 and 6,

quoting the same price for all. It was proposed for the award of Lot 3 to
TDL at the amount of GH₵421, 480.85.
Table 2: Procurement of Works-Greening of Parks-Oda

S/No. Name of Firm Tender Price (GH₵) Rank Remarks
4 Talent Discovery Ltd 421,480.85 1 Recommended
5 Extra Tactics Ltd 432,629.14 2 Recommended
6 Kel & Yen Company Ltd 436,093.62 3 Recommended
MICZD submitted to the Commission a document on a Contract to TDL

Ref. No. GR/MICZD/WKS/001/2018 dated April, 2018 on the Greening of
Parks and 1No. Borehole at Oda in the Eastern Region.
This document contains Notification of Award of Contract Letter No.

WB49/111/01 dated April, 2018 for the "Greening of Parks Plus 1No. Borehole
at Oda at GH₵421,480.85" and the Contract Agreement dated 19th April,
2018) signed between the Ministry and TDL. It also has in it the TDL
Acceptance Letter No. TDL/MICZD/001/18 dated 23 April, 2018.
8.2.10. Ministry of Special Development Initiative:
The Ministry of Special Development Initiative (MSDI) in a letter No.

DB403/533/01 dated 17th March, 2020 to the Commission which contains
Contract Documents related to the contract for the construction of dams in
Binduri and Bimbilla. The relevant portion reads as follows:
Page 124 of 188

"In the letter under reference, we indicated that Talent Discovery had two
contracts with the Ministry to construct small dams in Binduri and Bimbilla.
The two contracts with Talent Discovery is for Lot 2 and 3 which are all in
Binduri, Upper East Region.
Each lot has two sites. They are as follows:
• Lot 2: Boko and Atuba
• Lot 3: Narango and Aniifi
…. please find attached copies of the two contracts for Lot 2 and Lot 3 in
Binduri respectively…"
The contract documents for both Lots 2 &3 contains the Notification of
Award of Contract Letter No. MSDI/IPEP.1V1D/02.18 dated 11th April,
2018 and Contract Agreement dated 30th April, 2018 between the MSDI
and TDL.
Part of the Notification of Award of Contract for Lot 2 read as follows:
“M/S TALENT DISCOVERY LTD
CONSTRUCTION OF SMALL DAMS AND DUGOUTS UNDER THE

ONE VILLAGE, ONE DAM INITIATIVE AS PART OF THE
INFRASTURE FOR POVERTY ERADICATION PROGRAME (IPEP)
NOTIFICATION OF AWARD OF CONTRACT
We are pleased to inform you that approval has been granted for your
company M/S Talent Discovery Ltd, to be awarded a contract at the price of
Five Hundred and Forty-Three Thousand, Seven Hundred and Thirty-Five
Ghana Cedis and Fifteen Pesewas (GH₵543,735.15) for the construction of
No.2 Small Dams/Dugouts for Lot 2 in the Binduri Constituency in the
Upper East Region.
The project shall be completed within four (4) calendar Months from the
date of site possession”.
Page 125 of 188

The Notification of Award of Contract for Lot 3 had similar provisions.
Contracts TDL was shortlisted for, awarded, executed and not yet
executed
According to Francis Kwaku Arhin, the Chief Executive Officer (CEO) of

TDL, the company had participated in over 300 tendering involving
MDAs, but was shortlisted for 15 contracts out of which it won six, and
executed four with two outstanding. Our independent investigation,
however, showed the following:
Table 1: Number of Contracts TDL was short listed, awarded, executed and not yet executed
S/No. Description No. of Contracts

1 No. of Contracts Short Listed 32
2 No. of Contracts awarded 10
3 No. of Contract executed 3
4 No. of Pending Execution 7
Table 2: Procurement Entities and No. of Short listing, Awards, Executed Contracts and those
Not Executed
S/No No. of Short No. No. No. Not

Procurement Entity
Listing Awarded Executed Executed
1 Ministry of Works and
9 4 3 1
Housing
2 Ministry of Education 3 2 0 2
3 Ministry of Inner-City
and Zongo 8 1 0 1
Development
4 Ministry of Special
4 2 0 2
Development Initiative
5 Ghana Ports and
4 1 0 1
Harbours Authority
6 Department of Feeder
4 0 0 0
Roads
Total 32 10 3 7
Page 126 of 188

The details are as follows:
1) Ministry of Works and Housing (MoWH)
The evidence shows that from 2017 to 2019, the MoWH short listed TDL
for the following nine contracts:
i.Construction of Concrete Drain at Santa Maria, Greater Accra Region;

ii. Channel Improvement Works at the Akatsi, Volta Region;
iii. Renovation of Bungalow No. C41 Roman Ridge, Greater Region;
iv. Renovation of Bungalow No. 3A Church Road-Airport Residential,
Greater Region;
v. Construction of Concrete Drain at Ashanti Nsuta;
vi. Construction of Concrete Drain at Amanful-Atwereboana;
vii. Construction of Concrete Drain at Apirede, Ashanti Region;
viii. Construction of Concrete Drain at Sunyani Chiramanfo; and
ix. Construction of Concrete Drain at Jaman North.
TDL was awarded four contracts, namely the Santa Maria, Akatsi, and
renovation of Bungalows Nos. C41 and 3A at Roman Ridge Area, and
Church Road, Airport Residential area respectively in the Greater Accra
Region.
On the status of the projects, three out of the four contracts had been
completed leaving the Santa Maria project.
2) Ministry of Education (MoE)
The evidence show that TDL was short listed for the following contracts:
i.Construction of 1No. Single Storey Dormitory Block at Collins SHS at

the Asante Akim North District, Ashanti Region;
ii.Construction of 1No. 12-Seater Toilet Block at the Tuobodom SHTS at
the Techiman North District, Bono Region; and
Page 127 of 188

iii.Construction of 1No. Two-Storey Dormitory Block at the Savelugu
Senior High School, North East Region.
The MoE awarded the Collins SHS and Tuobodom SHTS contracts to TDL,
which are pending execution.
3) Ministry of Inner-City and Zongo Development (MICZD)
MICZD short listed TDL for the following eight (8) contracts:
i. Rehabilitation of School, Salaga;

ii. Greening of Parks plus Borehole at Salaga;
iii. Greening of Parks plus Borehole, Oda;
iv. Greening of Parks plus Borehole, Yeji;
v. Greening of Parks plus Borehole, Tafo;
vi. Greening of Parks plus Borehole, Bolgatanga;
vii. Constriction of Drains & Demolition and Alleys ways, Madina, and
viii. Construction of Drains, Asawase.
TDL was awarded the contract for the Greening of Park and 1No. Borehole
at Oda, Eastern Region.
4) Ministry of Special Development Initiative (MSDI)
MSDI awarded two contracts to TDL for the construction of Dams/Dugouts

in the Binduri Constituency, Upper East Region, under the government
Flagship programme; One-Village-One Dam (1V1D).
None of the dams/dugouts have since been completed. They are at various
levels of completion.
5) Ghana Ports and Harbour Authority (GPHA)
GPHA had short listed TDL for the award of four (4) contracts.
i.Supply and Installation of a Mobile Column Lift for the Takoradi
Ports, Western Region;
Page 128 of 188
ii.Supply, Installation and Commissioning of 30-Meter-High Mast Poles,
Tema Port; and
iii. Rehabilitation of James Town Lighthouse Facilities, and
iv.Supply, Installation and Commissioning of an Automatic Power
Factor Correction and Energy Demand Reduction Equipment at the
Reefer Container Terminal-Tema Port.
The records show that TDL was awarded the contract for the Supply and
Installation of Mobile Column Lift.
6) Department of Feeder Roads (DFR)
The evidence available to the Commission shows that the DFR short listed
TDL for the award of the following four (4) contracts:
i. Bitumen Surfacing of Abetifi Town Roads and Access Roads to

selected Schools in the Kwahu East District;
ii. Bitumen Surfacing of Gushie-Adayilli Feeder Roads, Northern
Region;
iii. Bitumen Surfacing of Vittin-Dakpemyilli-yong Feeder Roads,
Northern Region; and
iv. Bitumen Surfacing of Datoyilli-Golinga-Chanayilli Feeder
Roads, Northern Region
It could not be independently established whether TDL was awarded any

of the above contracts.
The investigation further found that other procurement entities engaged

TDL Freight Forwarding, a subsidiary of TDL, which the Respondent has
interest, for some jobs as indicated below:
Ghana Cocoa Board (COCOBOD):
• Clearing of 1024 Jute Sacks from the Ports to COCOBOD Ware

House, Tema
Page 129 of 188
Ghana Water Company Limited (GWCL):
i. Clearing of 45*20' Containers STC of Aluminum Sulphate

ii. Clearing of 20*20' Containers STC of Aluminum Sulphate
iii. Clearing of 7*20' Containers STC of Aluminum Sulphate
From the evidence above, TDL was awarded ten contracts whilst TDL
Freight Forwarding received four. The 10 contracts awarded to TDL were
through restricted tender.
8.3 Site Visits

As part of investigation into the allegation of conflict of interest (COI)
against Mr. Adjenim Boateng Adjei, Team of Investigators visited projects
sites of contracts awarded to Talent Discovery Limited (TDL). These are:
1. Collins SHS in the Asante Akim North District of the Ashanti Region;
2. Tuobodom SHS in the Techiman North District of the Bono East
Region;
3. Binduri Constituency in the Upper East Region
4. Bimbilla in the Northern Region,
5. Oda in the Eastern Region; and
6. Akatsi, in the Volta Region.
Findings:
1. For the Collins SHS in the Asante Akim North District of the Ashanti
Region and Tuobodom SHS in the Techiman North District of the
Bono East Region, the evidence show that the Contracts were
awarded to TDL on 5th July, 2019 for the Construction of 1No. Single
Storey Dormitory Block at Collins SHS at Agogo and 12-Seater Toilet
Block at Tuobodom SHTS in the Techiman North District at an
estimated cost of GH₵1, 409,262.03. The Contract duration of was
eight (8) months.
Page 130 of 188

i. Collins SHS:
• The contractor was not known to school authorities, although
some work had started.
• The work was being executed on behalf of TDL by another person;
TDL was not directly engaged in the execution of the contract.
• the work had not progressed much (it was at the foundation
level), and work had stalled at the time of the visit.
• Work was behind schedule
ii. Tuobodom Senior High/Technical School
At Tuobodom SHS/Tech School, no 12-seater toilet facility was found.

Indeed, an inspection of the available toilet facilities at the School showed
that the only toilet facilities constructed within the period 2017-2019 are
2No. 10-seater toilets for both the male and female students, which formed
part of the dormitories projects constructed for the students.
The Investigators also found two (2) 20-seater toilet facility (old ones) each
for the male and female students at the dormitories, constructed by the end
of 2016.
Another toilet facility constructed in 2019, is a ten (10) seater toilet facility
for use by both the male and female students and it was constructed by a
firm called Jedirock Enterprise, owned by one Mr. Yankah domiciled in
Kumasi. Authorities at the School said that the construction of the ten-
seater toilets by Jedirock commenced in March, 2019 and completed in six-
seven months.
It was also found that due to the increase in enrolment, the school had to
construct a KVIP [toilet] for use by the day students as one of the boys’
toilet was no more in use because the sewage system got blocked and was
yet to be fixed.
Sources at the School categorically stated that the school had no 12- Seater
toilet facility and that they were yet to see a contractor by name "Talent
Discovery Limited".
Page 131 of 188
2. Construction of One-Village One-Dam - Binduri:
• The Ministry of Special Development Initiatives (MSDI) per an

award letter dated 11th April, 2018, awarded to TDL contracts to
construct 2No. dams/dugouts for Lots 2 and 3 at an estimated cost
of GH₵543,735.15.
• However, the contract details were not available at the Binduri
District Assembly as well as the Upper East Regional
Coordinating Council.
• A visited to one of the dams at Zawse in the Constituency
showed an almost dried up stream, which was blocked by the
contractor with sand as described as dam.
• The contract duration was four (4) calendar months, but as at
13th February 2020, work had not been completed per the
specification of the dams and the contractor had left site.
• Also, the Consultant of the projects of TDL had raised
certificate for the payment of some moneys for work done.
3. Channel Improvement Works at Akatsi:
The Ministry of Works and Housing per a letter dated 24th December,
2018 awarded to TDL contract for Channel Improvement works at
Akatsi at the cost of GH₵99, 943.00.
• TDL subletted the contract to Nicholas Adjei at a cost of

GH₵45,000.00 per subcontract agreement.
• The contract had since been executed by Nicholas Adjei of K. Adjei
Enterprise, Dzorwolu, Accra.
4. Greening of Parks and Borehole at Oda:
The Ministry of Inner-City and Zongo Development awarded to TDL at

an estimated cost of GH₵421, 480.85.
Page 132 of 188

• Contract was awarded to TDL in April, 2018 and scheduled for
completion in eight Months.
• Work had not been completed;
• The limited work done was described by the project
beneficiaries as shoddy.
• There were no records of the project at the Birim Central
Municipal Assembly, Akim-Oda.
9.0. ANALYSIS OF EVIDENCE, CONSIDERATION OF THE ISSUES

AND CONCLUSIONS
9.1. Whether or not the Respondent established Talent Discovery

Limited (TDL) a few months after he was appointed CEO of PPA
One of the allegations contained in the documentary is that the Respondent

established Talent Discovery Limited (TDL) three (3) months after he was
appointed Chief Executive Officer (CEO) of the PPA. In the documentary,
the Respondent initially denied that TDL was his company though he said
he knew TDL. We reproduce the following conversation that transpired
between Manasseh and the Respondent:
Manasseh: "Do you know of a company called Talent Discovery Limited?"
AB Adjei: "I do."
Manasseh: Is it your company?
AB Adjei: "No."
Manasseh: "So, how do you know this company?"
AB Adjei: "It's a Cousin of mine."
Manasseh: "What is the name of the cousin?"
AB Adjei: "I wouldn’t disclose it. You can have it if you want it."
Page 133 of 188
Manasseh: "We have done our checks and it is not your cousin but your
name is on the registration document."
AB Adjei:" It is not my cousin; it is my brother in-law."
Manasseh: "What is his name?"
AB Adjei: "I would not disclose it."
Manasseh: "Francis Arhin."
AB Adjei: "Yes"
As noted earlier, Records obtained from the Registrar-General's

Department on the Company Registration Information and or Company
Profile by the Commission dated 14th October 2019 confirms that TDL was
incorporated as a Private Limited Liability Company with registration No.
CS173942017 on 19th June, 2017. The Directors of TDL are Adjenim
Boateng Adjei and Francis Kwaku Arhin. Its shareholders are Adjenim
Boateng Adjei, 30,000 shares and Francis Kwaku Arhin, 20,000 shares,
making the Respondent the majority shareholder.
At the interview with the Commission on 16th June 2020, the Respondent
admitted that TDL was established in June 2017, three months after his
appointment as CEO of the PPA. He further disclosed that the idea to
establish TDL was brought up by Mr. Arhin, his brother-in-law, and
together they established the company. He described how TDL was
incorporated in the following manner:
“… this is a brother-in-law who decide to relocate from London to Ghana.

UK. So he came and said he wants to settle down. So can we do something
Page 134 of 188

fifty-nine (59). So, I said you could have this company, we can have it
and join you. So with that understanding that company was established”.
From the Respondent’s own mouth, his personal objective or reason for
establishing TDL is quite evident, namely, to help his brother-in-law settle
in Ghana after a long stay in the UK, and to prepare for his own retirement
from public office as he was then about 59 years. The brother-in-law,
Francis Arhin, who became the CEO of TDL, substantially corroborates the
Respondent’s account of the objective/reason for the establishment of TDL.
The evidence also shows that the Respondent is shareholder and director
in six companies, namely:
1) Talent Discovery Limited (TDL);
2) TDL Agro Industry;
3) TDL Freight Forwarding;
4) TDL Transport and Logistics Services;
5) Frosty Ice Natural Mineral Water Ltd, and
6) ABM Logistics (GH) Limited
Respondent and his brother-in-law, Francis Arhin, own the first four
companies, whilst he owns the last two with his wife, Mercy Adjei.
The evidence further shows that of the six companies Respondent admitted
being a shareholder and director with either his in-law or wife, all were
established after his appointment as CEO of PPA except one, ABM
Logistics (GH) Limited, with some of the companies established as recently
as 2019.
Although Respondent admitted that he is a director and shareholder of

Talent Discovery Limited, he insisted that he had resigned as director and
chairman of TDL since 5th September 2017, contrary to the evidence
available. Furthermore, the documents submitted by TDL to procurement
Page 135 of 188
entities confirm that TDL was incorporated on 19 June 2017 and the
Respondent and Francis Arhin are both directors and shareholders of TDL.
We shall revisit the question of the Respondent’s resignation later in this
Decision.
From the available evidence, the Commission finds as a fact that Talent
Discovery Limited was incorporated on 19 June 2017, three months after
the Respondent was appointed CEO of PPA in March 2017, by the
Respondent and his brother-in-law Francis Kwaku Arhin, the Respondent
being the majority shareholder.
9.2. Whether the Respondent had resigned as Director of Talent

Discovery Limited at all material times
The Respondent has denied being a director of Talent Discovery Limited,

insisting that he resigned as director on 5th September 2017. In a letter dated
19 August 2019, his solicitors, SIMA Consultancy, wrote to Manasseh
stating:
"...You are to note specifically that Mr. Adjenim Boateng Adjei, a one-time
Promoter and Director of TDL no longer holds such positions as he had
since long resigned."
"Our client hereby reiterates that at all material times, he is only a

shareholder in TDL, and not part of either the management of Board of
Directors of that company."
The Solicitors attached a copy of Respondent’s resignation letter as

Director. It was addressed to the Chief Executive Officer with a copy to the
Secretary, TDL, who is one and the same person, Francis Arhin, his
brother-in-law. The letter reads:
“…RESIGNATION AS DIRECTOR AND CHAIRMAN OF TALENT

DISCOVERY LIMITED
Page 136 of 188

Following my discussion with your good self on the above subject matter, I
wish to officially bring to your attention my decision to resign as a director
effective 5th September, 2017.
The decision has become necessary due to my increasingly busy schedules

which will likely affect my availability to attend to the needs of TDL as a
director and Chairman.
I shall trust upon you to effect the necessary changes by reason of my

resignation. Thank you.
Yours faithfully,
signed
AB ADJEI
CC: The Company Secretary

Talent Discovery Ltd”
Again, in his written response to the Commission dated 5th September,
2019 on this issue, the Respondent, through his solicitors, Ampofo,
Oppong and Associates, stated that:
"Our client hereby reiterates that at all material times, he is only a

shareholder in TDL, and not part of either the management or Board
of Directors of that company. … Our client has at no material time,
participated in a Board meeting of TDL."
During the interview with the Commission, the Respondent confirmed that
Francis Arhin is the Chief Executive Officer (CEO) of TDL but denied that
he (Respondent) is director and Chairman of TDL. However, the
Respondent’s own letter dated 5th September 2017 already referred to,
which communicated his alleged resignation as director of TDL to the CEO
of TDL, reads in part:
Page 137 of 188

"The decision has become necessary due to my increasingly busy schedules
which will likely affect my availability to attend to the needs of TDL as a
director and Chairman."
The Company Registration Information and Company Profile on TDL from

the Registrar-General’s Department dated 14th October 2019 show that the
Respondent is shareholder and director of TDL, contrary to the claims that
he resigned as director TDL per a letter dated 5th September, 2017. The
company records at the Registrar-General's Department list two persons as
directors and shareholders, namely, Adjenim Boateng Adjei and Francis
Kwaku Arhin, holding 60% and 40% shares respectively.
The Financial Intelligence Centre (FIC) also in a Letter No.

AF136/FIC/V.2/713, dated September 27, 2019 submitted to the
Commission provided information on the Respondent including financial
transactions from eight (8) different banks. Records from the Zenith Bank
Limited, Spintex Road, in respect of an account opened by TDL dated 19th
April 2019 has the signatories of the Account to be Adjenim Boateng Adjei
and Francis Kwaku Arhin who are described as directors of TDL. Both
signatories are to sign at all times to give effect to a transaction.
The question that arises naturally is, how can the person who claims that
he has resigned as director, be listed both as a director and a signatory to
the TDL account at Zenith Bank, Spintex Road. Further, why will a person
who has purportedly resigned as director of his retirement project for
reasons that the demands of his office as CEO of PPA would not allow him
to play his role as director and chairman effectively, subsequently open
more companies with similar arrangements where there are only two
directors listed for each company, i.e. he and his brother-in-law as the only
directors, or he and his wife.
Further, how come the same person is able to maintain his other
directorship positions in 19 other companies including the following:
Page 138 of 188
i. AAC Financial Services Limited;
ii. ABM Logistics (GH) Limited;
iii. Ada Safari Resort Limited;
iv. Aqua Safari Resorts Limited;
v. Beach Front Stevedoring Company Limited;
vi. Bestblend GH Limited;
vii. Bestblend West Africa Limited;
viii. Bestman Offshore Gh Limited;
ix. Canduns International Limited;
x. CFR Ghana Limited, and
xi. Diligent Cover Limited;
xii. Holiday Hills Resort Limited;
xiii. Ocean View Amusement Limited;
xiv. Rosefield Oil Ghana Limited;
xv. Runway View Association;
xvi. Springfield Resource Development Limited;
xvii. Supply Chain Support Services Centre Limited;
xviii. Talent Movers Gh Limited, and
xix. TDL Pay Ghana Limited
Why would the Respondent be insistent that he was no longer a director of

TDL when all the evidence point to the contrary? Supposing we are to
accept at face value that the Respondent really had intended to resign per
his letter dated 5th September 2017 addressed to the CEO and copied to the
Company Secretary, that would be even more problematic.
The Companies Act, 1963 (Act 179), one of the relevant laws applicable to
this investigation, provides as follows:
Section 180 – Number of directors

shall have at least two directors.
(3) If at any time the number of directors is less than two in a breach
Page 139 of 188
of subsection (1) or subsection (2), and the company continues to
carry on business for more than four weeks after that time, the
company and every director and member of the company who is in
default is liable to a fine not exceeding [twenty-five penalty units]
for every day during which it so carries on business after the
expiration of four weeks without having at least two directors.
(4) Every director and every member of the company who is
cognizant of the fact that it is carrying on business with fewer than
two directors are jointly and severally liable for the debts and
liabilities of the company incurred during that time.
Section 197- Registration of particulars of directors and secretaries
(3) A company shall, within twenty-eight days of a change

occurring among its directors or in its secretary or in any of
the particulars contained in the register, other than those
required under paragraph (e) of subsection (2) of section 196
send to the Registrar for registration notification in the
prescribed form of the change, specifying the date of the
change.
(4) Where a company defaults in complying with subsection (1)

or (3) , the company and every officer of the company who is
in default is liable to a fine not exceeding (twenty-five
penalty units) for every day during which the default
continues.
(5) A director or secretary who resigns from office shall be

deemed to be in default unless notification of the resignation
is duly given to the Registrar in accordance with subsection
(3) of this section.
In August 2019, a new Companies Act (Act 992) came into effect. The new
Act, however, continued in existence the above quoted provisions of the
repealed Act (Act 179) in Sections 171 and 216 respectively.
Page 140 of 188

Going by these provisions a company must have a minimum of two
directors at any point in time. The question is, how did a company that
claims that one of its two directors had resigned leaving only one director,
who also doubled as the company secretary, qualify under the law to
participate in restricted tender, not to talk of winning a number of them
under the eagle eyes of the Respondent CEO of PPA? Further, why did the
Respondent fail to ensure due diligence in respect of applications from
Procurement Entities that listed TDL, when he ought to know as the
majority shareholder of TDL and purported former director and chairman,
that the company was left with only one director after his resignation, who
also doubled as the company secretary, and therefore did not qualify under
Section 180 and 197 of the Company’s Act, 1963 (Act 179) [or Sections 171
and 216 of the new Company’s Act, 2019 (Act 992) ] to participate in public
tender?
As has been demonstrated from the records of the Registrar-General and

other available documents including bank records of TDL, the Commission
finds that there has not been any resignation properly so called filed with
the Registrar-General. We find that at every material time the Respondent
was and remained a director of TDL, and that his purported resignation
letter has no probative value whatsoever.
9.3. Whether contracts awarded to TDL by MDAs and other public

procurement entities between June 2017 and August 2019 were mainly
through Single Source and Restricted Tender
One of the narratives in the documentary claimed that:
"There is a group of companies at the Manet Junction of the Spintex Road in

Accra called TDL Group. Talent Discovery Limited is its Flagship Company.
… Talent Discovery Limited is alleged to use its political connection to win
government contracts…"
Page 141 of 188

"The company has contracts with the Ghana Water Company Limited, Ghana
Cocoa Board, and the Ghana Ports and Harbour Authority. It also has
contracts with the Ministry of Education, Ministry of Works and Housing,
and four contracts with the Ministry of Special Development initiative to
construct dams under the Government One-Village-One Dam projects…
…checks from Ghana Water Company and COCOBOD confirmed that TDL
was indeed doing business for them as a clearing agent.
Manasseh then alleged that TDL won most of its contracts through
restricted tender, ostensibly through the instrumentality of Respondent.
In response to the above narrative, the Respondent submitted in his written
response to the Commission dated 5th September, 2019, that:
"…TDL has, actually, fully executed by itself four (4) of the six (6)
contracts that it won through restricted tendering and has accordingly
been issued with Certificates of Completion in its favour. The other 2 are
currently being executed by TDL
…The truth which Manasseh Awuni either neglected to probe or

deliberately refused to disclose in his documentary, is that, TDL lost 7 of
the 15 tenders, won 6 and 2 are still ongoing. 4 out of the 6 resulting
contracts have been fully executed and 2 are still being executed by
TDL.
…TDL lost a significant majority of the tenders in which it participated

after the grant of restricted tendering applications by the Board…"
The Chief Executive Officer (CEO) of TDL also submitted that TDL might
have competed in over three hundred (300) tenders, but was shortlisted on
15 occasions for contracts out of which it was awarded six (6) contracts, out
of which it executed four (4) and two were outstanding. According to him:
Page 142 of 188

"... TDL was awarded 6 contracts out of the 15 occasions the company was
shortlisted. Out of the six contracts, 4 have been fully executed by TDL and
certificate of completion have been issued to TDL. …Two of the contracts
are still under execution. "
Both the Respondent and the CEO listed those contracts that had been
executed for which payment certificates had been raised, as:
• Construction of Small Dams/Dugouts under the One Village One

Dam at Binduri Constituency in the Upper East;
• Renovation of Bungalow No. C41 Roman Ridge, and
• Renovation of Bungalow No. 3A Church Road-Airport Residential
Area.
The records show that the Ghana Ports and Harbours Authority, the
Ministry of Education, Ministry of Works and Housing, the Ministry of
Special Development Initiatives and the Ministry of Inner City and Zongo
Development, awarded contracts to TDL. The institutions confirmed that
the contracts were awarded through restricted tendering method (RT). All
the institutions applied to the PPA Board for approval to use RT in the
award of various contracts in accordance with the provisions of Act 663 in
relation to the use of restricted tendering method (RT) and single source
procurement rules.
Ghana Ports and Harbours Authority: The GPHA made a request for
approval to procure the Supply of a Mobile Column Lift for the Mechanical
Department of Takoradi Port through restricted tendering method in letter
Ref: DG/HQ/C.3/Vol.4/819, dated 13th November 2018. The PPA Board
Technical Committee Meeting No. 20 of 13 December 2018, considered the
request and approved it. The GPHA invited the shortlisted companies,
which included TDL to submit tenders and eventually awarded the
contract No. IND.338/MECH.ENG/TD 18 to TDL, in its award letter dated
20th June 2019, ref. no. DG/HQ/C.3/VOL.7/373.
Page 143 of 188

The records further show that GPHA also applied for approval to invite
shortlisted companies to participate in tendering processes for the award
of the under listed contracts:
i. Rehabilitation of James Town Lighthouse Facilities-Accra: The

Respondent in a letter dated 15 May 2019, ref.
PPA/CEO/05/936/19, sought to convey the approval by the 23rd
meeting of the PPA Board Technical Committee, held on Friday,
15th March 2019.
ii. Supply Installation and Commissioning of 30-Meter-High Mast
Poles complete with Lantern Carriageway at the Tema Port at an
estimated cost of GH₵2,065,000: This application was approved
by the PPA Board at the 21st Meeting of the PPA Board Technical
Committee Meeting held on 23rd January 2019).
iii. Supply Installation and Commissioning of an Automatic Power
Factor Correction and Energy Demand Reduction Equipment at
the Reefer Container Terminal at the Tema Port at an estimated
cost of GH₵350,000: This request was also approved at the PPA
Board Technical Committee Meeting No. 021 (021/2018) held on
Monday, 23rd January 2019 and the approval was conveyed to
GPHA by the Respondent in letter Ref. No. PPA/CEO/01/101/19,
dated 24 January 2019
TDL were shortlisted and eventually won the contracts.
Ministry of Education: The MoE applied to the PPA Board requesting for
approval to use restricted tendering method to procure contractors for the
construction of structures in selected senior high schools across the
country, under its project “Additional Structures in Selected Senior High
Schools across the Country.” It was contained in a letter signed by the
Minister, Dr Matthew Opoku Prempeh, Ref No. FA 101/331/01, dated 28th
February 2019.
The contracts for which TDL was short listed to participate are:
Page 144 of 188

• Construction of a Single Storey Dormitory Block at Collins SHS at the
Asante Akim North District in the Ashanti Region;
• 1No. 12-Seater Toilet Block at the Tuobodom SHTS at the Techiman
North District in the Bono East Region, and
• I No. Two Storey Dormitory Block at Savelugu SHS, Northern
Region.
The 23rd Technical Committee Meeting held on Wednesday 15th March,

2019, considered the application by the MOE to use RT for the award of
contracts for the Construction of 1) a Single Storey Dormitory Block at
Collins SHS at the Asante Akim North District in the Ashanti Region; and
2) 1No. 12-Seater Toilet Block at the Tuobodom SHTS at the Techiman
North District in the Bono East Region and approved it in a letter ref. No.
PPA/CEO/03/547/19 of 15th March 2019.
TDL submitted a Tender Form to the MOE in respect of the Emergency

Senior High School Project for the i) Construction of 1No. Single Storey
Dormitory Block at Collins SHS in the Asante Akim North District & 2)
1No. 12-Seater Toilet Block at the Tuobodom SHTS in the Techiman North
District with Contract Lot: EMRG/RT/AS10 and IFT No:
MOE/FPMU/RT/WKS/001/2019 dated 17th April, 2019.
Subsequently, the MoE notified TDL of the award of the contract to TDL
(Notification of Award), in a letter No. MOE/PFMU/EMRG/AS10, dated
5th July 2019, following which an Agreement dated 22nd July, 2019, was
signed between the MoE and TDL.
It is thus obvious that TDL was also awarded the contract for the
construction of 1No. 12-Seater Toilet Block at the Tuobodom SHTS in the
Techiman North District with Contract Lot: EMRG/RT/AS10 and IFT No:
MOE/FPMU/RT/WKS/001/2019 dated 17th April 2019.
Ministry of Works and Housing: The Ministry of Works and Housing

requested for approval from PPA to use Restricted Tendering Method for
the procurement of the following: 19 Drains/Works (in LOTS) under the
2018 National Flood Control Programme at a cost of GH₵30,800,000.00.
Page 145 of 188
Three (3) firms were shortlisted to bid for each LOT with 30 construction
firms in total under the “WORKS-2018 EMERGENCY NATIONAL
FLOOD CONTROL PROGRAMME.”
The CEO of the PPA wrote conveying the approval of the request by the
PPA Board Technical Committee at its 20th Meeting, in his letter Ref. No.
PPA/CEO/04/725/19, dated 8th April, 2019.
Following the approval, the Hydrological Services Department of the

MoWH then awarded a contract to TDL for the Construction of the
Concrete Drains at the Santa Maria in its letter Ref. No.
HSD/HQ/CONF2/D390, dated 20th March 2019. TDL accepted the offer in
a letter 21st March 2019 and proceeded to sign an agreement with the
MoWH on 19th April 2019.
Another contract for which the MoWH made a request to the PPA for
approval from the PPA Board to use Restricted Tendering Method is for
the procurement to execute 8 (Drain) works in LOTS under the 2018
National Flood Control (Construction) Programme at a cost
GH₵16,500,000.00. Three (3) firms were to bid for each LOT with 18
construction firms in total. This request was also approved at the 20 th
Meeting of the PPA Board.
The award of the contract for the Akatsi Channel Improvement Works, was
also based on RT. The Tender Documents on the said contract dated
January 2019 contains the award of contract letter no. HAS/CONF.2/1010
dated 24th December 2018 and the contract/ agreement dated 12th February
2019.
Ministry of Special Development Initiatives: The MSDI awarded

contracts to the TDL for the construction of No.2 Small Dams/Dugouts each
for Lots 2 and 3 in the Binduri Constituency in the Upper East Region, in
letter Ref. No. MSDI/IPEP.1V1D/02.18, dated 11th April, 2018.The
contracts, valued at Five Hundred and Forty-Three Thousand, Seven
Hundred and Thirty-Five Ghana Cedis and Fifteen Pesewas
Page 146 of 188

(GH₵543,735.15) for each lot were both signed between the MSDI and TDL,
dated 30th April, 2018. The awards were through restricted tender.
Ministry of Inner City and Zongo Development: The Ministry of Inner

City and Zongo Development (MICZD) requested for approval to use RT
for various projects (works) within Zongo Communities in Ghana as part
of Government’s policy to develop the Zongos in its letter dated 22nd
December 2017 Ref. No. MICZD/PPA/001/17. The projects include,
Greening of Parks and digging of Boreholes; Construction of Football Parks
(Artificial Turf Football Park); Rehabilitation of Schools; and Construction
of drains and Alley Pavements.
The CEO of the PPA conveyed the decision of “…the Board Technical
Committee Meeting No. 8 (008/2018) held on 17th January 2018, to grant
approval to Ministry of Inner-City and Zongo Development in a letter
dated 19th January 2018. Subsequently, MICZD awarded the contract to
TDL, which it accepted in letter No. TDL/MICZD/001/18 dated 23 April
2018.
Apart from the awards to TDL, TDL Shipping Ltd and TDL Freight
Forwarding also won contracts from State institutions.
Ghana Water Company Ltd: The Ghana Water Company Ltd awarded
four (4) contracts to TDL Shipping Ltd, described as a subsidiary of TDL to
clear various goods from the Port. These are:
Seven (7) Containers of STC Liquefied Chlorine Gas: TDL Shipping

awarded on 23 October 2018, per letter by the Deputy Managing
Director, OPS, Jacob Z. Yendor, GWCL, ref. No. MD 411V.18/57.
45 containers of Aluminium Sulphate: awarded on 8 th January, 2019,

per letter by the Deputy Managing Director, F/A, ref. No. MD
411V.18/217.
20 Containers of Aluminium Sulphate awarded on 8th April, 2019, per

letter by the Managing Director, ref. No. MD 411V.19/20.
Page 147 of 188

46 containers of Aluminium Sulphate awarded on 18th June 2019, per
letter by the Deputy Managing Director, (OPS), ref. No. MD
411V.19/68.
Ghana Cocoa Board: The Ghana Cocoa Board (COCOBOD) disclosed to

the Commission in a letter No. DLS/LM/V.1/148 dated 29th October, 2019
that it awarded a contract for "CLEARING AND TRANSPORTING OF
1024 BALES OF JUTE SACKS" to TDL Freight Forwarding, another
company considered a subsidiary company of TDL and in which the
Respondent has interest.
The evidence available to the Commission show that the following

contracts were awarded to TDL and its subsidiaries:
1. The Ministry of Works and Housing (MoWH) awarded the following

contracts to TDL between 2017-2019:
i. Construction of Concrete Drain at Santa Maria, Greater Accra
Region.
ii. Channel Improvement Works at Akatsi, Volta Region.
iii. Renovation of Bungalow No.C41 Roman Ridge, Greater Accra
Region.
iv. Renovation of Bungalow No. 3A, Church Road-Airport
Residential, Greater Accra Region.
2. The Ministry of Education (MoE) awarded the following contracts to

TDL:
i. Construction of 1No. Single Dormitory Block at Collins SHS in
the Asante Akim North District, Ashanti Region.
ii. Construction of 1No. 12-Seater Toilet Block at the Tuobodom
SHTS in the Techiman North District, Bono Region.
3. The Ministry of Inner-City and Zongo Development (MICZD) awarded

to TDL a contract for Greening of Park and 1No. Borehole at Oda in the
Eastern Region.
Page 148 of 188

4. The Ministry of Special Development Initiatives (MSDI) awarded two
contracts to TDL for the construction of four (4) Dams/Dug Outs at the
Binduri Constituency, Upper East Region.
5. The Ghana Ports and Harbour Authority (GPHA) awarded TDL a

contract for the Supply and Installation of a Mobile Column Lift for the
Takoradi Ports, Western Region.
6. Ghana Cocoa Board (COCOBOD) for Clearing of 1024 Jute Sacks from
the Ports to COCOBOD Ware House, Tema, to TDL Freight Forwarding,
described in its incorporation documents as a subsidiary of TDL and in
which the Respondent has interest.
7. The Ghana Water Company Limited (GWCL) awarded the following

contracts to TDL Shipping Ltd, another company described in its
incorporation documents as a subsidiary of TDL and in which the
Respondent has interest:
i. Clearing of 45*20' Containers STC of Aluminium Sulphate
ii. Clearing of 20*20' Containers STC of Aluminium Sulphate
iii. Clearing of 7*20' Containers STC of Aluminium Sulphate
From the evidence available to the Commission, TDL was awarded at least
ten contracts, whilst TDL Shipping and TDL Freight Forwarding, were also
awarded five contracts by MDAs and other public procurement entities
between June 2017 and 22 August 2019. The ten contracts awarded to TDL
were through restricted tender. From the above records therefore, the
evidence supports the allegation that TDL won contracts through restricted
tender. However, the evidence does not support the allegation of sole
sourcing.
Page 149 of 188

9.4 Whether TDL was involved in the sale of contracts awarded to it by
public procurement entities
The publication that kick-started this investigation is the documentary

titled “Contracts for Sale”. The Commission had the benefit of accessing
the unedited version of the recording and reviewing it.
Responding to the allegation that TDL has been selling some of the
government contracts they have won, and attempted to sell contracts to K-
Drah Enterprise, the company, through its solicitors, wrote:
“It appears that the complainant bases its complaint on a supposed

investigative documentary by one Manasseh Azure Awuni which has also
been attached to the documents presented with the Complaint. We have
watched the entire documentary and we regret to say that no matter
how much one stretches the issue one cannot find anything in the
said documentary that would support the allegations made.
Nowhere in the said documentary can it be inferred that a contract
awarded to TDL had been sold to any person. In fact, in the said
documentary it could be seen that contract belonging to another
company, B-Molie Limited, was the subject matter of discussion
between the undercover agent and Mr. Thomas Amoah, the
Administrative Manager of TDL. The question therefore is what has a
discussion of a contract belonging to B-Molie Ltd got to do with TDL and
its officials. B-Molie Ltd are completely unknown to TDL and so upon what
basis can one link B-Molie Ltd. to TDL? … We say that but for the present
issues, the existence of B-Molie Ltd. was completely unknown to officials of
TDL”.
“We also note that the said documentary contains portions in which the
Administrative Manager of TDL, Mr. Thomas Amoah was seen having
discussions with an undercover agent. The discussions centred on prospects
of the undercover agent participating in the execution of a contract
belonging to B-Molie Ltd. Furthermore, the documentary would also show
that Mr. Amoah sought and obtained GH¢15,000 as registration fee and
Page 150 of 188

deposit towards any future project. The said officer was queried for his
conduct which the company found not to be satisfactory. The query letter
and his response have been attached herein as Exhibit 6 and Exhibit 7
respectively. It would be obvious that Mr. Amoah at all material
times was on his own frolic and had no authority to be engaged in
the discussions he had.
Be that as It may, there is nothing in documentary that suggests that

Mr. Amoah was selling contracts awarded to TDL. As it is the normal
practice in many businesses, TDL keeps a list of suppliers that are called
upon when their services are required. Mr. Amoah acted within his powers
when he sought to register the supposed Joseph Kumadrah as a contractor.
It would be obvious even from the document attached by the Complainant
that the “Contractors Registration Form” (herein attached as Exhibit 8) is
not a form that has been designed for the purpose of selling contracts by TDL
to others. This conclusion is irresistible when one considers the statements
found under the heading ‘Declaration’ on the last page of the form. The
document is clearly seen to be a Suppliers Register. We submit that there is
nothing untoward or illegal for TDL to set out and design a form that
prospective provider of suppliers or services are needed. To suggest, as was
the case in the documentary that merely filling the forms was in preparation
for the sale- of non-existent contract is ridiculous because the form itself is
clear on its face that it is a Suppliers Register.
We also state that even when though Mr. Amoah has admitted that at the
time he was speaking to the undercover agent, he was seeking to find
partners for the execution of the B- Molie contract, a wholly private pursuit,
the mere fact that he engaged in that conversation does not mean that he was
selling contracts belonging to TDL. As already stated, TDL has no
relationship whatsoever with B-Molie Ltd. In addition, the discussion
between Mr. Amoah and the undercover agent with respect to any of TDL’s
contracts was done without any authority from the Chief Executive Officer
of the TDL and clearly above the powers of Mr. Amoah. As already stated,
the contracts awarded to TDL has been fully executed at the time of the said
Page 151 of 188
conversation and so there cannot be a contract that was purportedly
available for sale assuming TDL was even in the business of selling
contracts. We submit that there is still no proof that TDL or any of its
officials have sold any contract to any person.
We take note of the fact that the Complainant also alleges that some
contracts have been subletted or subcontracted without the authority of the
institutions that awarded those contracts. First of all, subcontracting or
subletting are not illegal activities under the laws of Ghana provided same
is done in accordance with the laws and terms governing the contracts. In
fact, in most standard contracts, provisions are made for subcontracting and
subletting subject to certain conditions such as seeking the consent of the
employer. We submit that TDL has not subletted or subcontracted any
contract to any entity or person. In the circumstances, we demand strict
proof from the complainant on the contracts which are subletted or
subcontracted without the consent of the employers. We further demand
proof of any employer to the effect that a contract it awarded to TDL had
been subletted or subcontracted without their consent.
As stated above, the Commission has had opportunity to review the

documentary as well as the original unedited recordings. In the
documentary, Thomas Amoah, the Administrative Manager (the AM) of
Talents Discovery Ltd (who is also described variously as General
Manager, Project Manager and Group Manager of TDL), is seen on video
discussing a transaction with one Richard Kumadrah in respect of State
contracts won by TDL through restricted tender. Kumadrah characterized
himself as a representative of K-Drah Enterprise, and that his company was
interested in doing business with TDL. Thomas Amoah is heard and seen
on the video offering to sell State contracts awarded to TDL through
restricted tender to Kumadrah. Excerpts of the conversation relevant to the
allegation of sale of contract are reproduced below:
• "There have been people interested in the projects, actually some have
dropped cheques. But I am keen to people that I give projects to because if it
goes wrong, it will tarnish the image of my company. So, there are
Page 152 of 188

outstanding buyers because the terms on it are very favourable and
everybody will like to do it."
The AM is then seen presenting to Kumadrah copy of a contract awarded

to TDL by GPHA dated 20th June 2019 to look through. The contract sum
was GH₵158,900.00. After examining the contract document Kumadrah
asked the AM whether he can have a copy when he is leaving. The response
of the AM was that it can only be done after K-Drah Enterprise had
registered with TDL.
• “That is if we sign all the necessary agreements, because somebody is

actually interested and wants to pay today. I am still open. I keep saying
that everybody can say “I am interested” but the one to commit himself is
the one I will deal with.”
• “For us we have something we call suppliers and contractors’

registration form and any contractor we engage pays a fee of 5000
cedis to register with us. What happens is that when that amount is
paid, anytime there is an award of a project, we open up to the
supplier or contractor to hear from him if the supplier is interested.
There are cases we can come into negotiation on percentage wise and
even use the supplier’s company details for a direct contract award
so that is what we do. So once the contractor registers with us, we
good to give any information we have to be able to enable him work.
• The AM was quite emphatic that without the payment of registration

fee “…we cannot proceed further, unless of course you have the outright
purchasing amount.”
Subsequently, Kumadrah offers to pay GC10, 000 as deposit in addition

to the GC5, 000 registration fee, indicating that:
“I am just going to give a deposit so that when we make a decision on which
of the contracts we want to execute then we can do the top up, and then we
finalize…”
Page 153 of 188

Kumadrah handed over a brown envelope and asked the AM to check the
amount. He looked inside the envelope, remarked “I trust you”, and placed
the envelope in a tray. On receipt of the envelope, the AM gave a
registration form to Kumadrah and proceeded:
“The registration form is quite detailed. I don’t know if you want to send it
home or you want to fill it here. It will depend on you. Now that I know I
have an engagement with you, I can open things up. [He called out to
the secretary] Abigail please get me a copy of this Santa Maria
Drainage and then the Mobile Column Lift from the Ghana Ports.
If you have funds, that is if you have, it’s urgent. The Ministry is on my
neck. There is a project, it was awarded to us to go and do, Santa Maria
drains. But Dr. Oko Boye (MP) wants us to tackle his end, that is Teshie. I
have gone to check the site. So, any contractor who comes in. I actually
sold it to somebody. What is happening is that the person doesn’t
have funds to carry out the project….so I have agreed with that
person I will sell it to another person who has the funds and give him
his refund; the initial deposit he paid. He has agreed so that side, we
don’t have issue. And then I have secured another dormitory project at
Agogo, which I am going to take site possession…There is another two-
storey dormitory at Savelugu also in the pipeline coming, so there are a
couple of projects. The Column Lift is also there and somebody came
to deposit GH₵5000 instead of 25,000. The whole thing we were
looking at 30,000, but as of yesterday, the amount was revised
because we realised that even in the market, we can get around
60,000, so we are now looking at 50,000. So, if the person pays 25,000
upfront, the balance 25,000 would be paid when the mobilisation
funds come in. Because there is mobilisation of GH₵63,000. I have
put in a requisition. I’m doing it with Stanbic Bank…Because the
contract sum is 158,900.00.”
“We used to be doing them. But we have a lot in our hands. We do

clearing for Ghana Water and COCOBOD. What we do is when we sell
Page 154 of 188

some of these projects, we use this same money to be doing the
clearing else demurrage will…”
Contrary to the position taken by TDL that the contracts under discussion
were not TDL contracts, we see Mr. Thomas Amoah, Administrative
Manager of TDL, confidently discussing public contracts awarded to TDL
that are available for sale with Mr. Richard Kumadrah. When the AM
spoke of the B-Molie contract, he made it clear that that contract belonged
to a sister company.
The AM did not know or suspect that he would be recorded, and so there
was no pressure to be cautious, defensive or lie. The contracts that featured
in the discussion include Mobile Column Lift, Santa Maria and Agogo,
contracts awarded to TDL by GPHA, MWH and MOE through restricted
tender. Indeed, the first contract document given to Richard Kumadrah to
look through was that awarded to TDL by GPHA. And what better
evidence than evidence from the horse’s own mouth. When the AM is
heard saying on the video that “What we do is when we sell some of these
projects, we use this same money to be doing the clearing else demurrage
will…”, we accept it as a true reflection of what the company does.
On the argument that the AM was on a frolic of his own, we find the
argument tenuous and self-serving. TDL has only four (4) staff members,
namely, Francis Arhin (CEO), Thomas Amoah (variously described as
Administrative Manager, General Manager, Project Manager and Group
Manager), Abigail Darfur (Office Secretary) and Ebenezer Nyarko
(Security).
How is it possible for the AM of TDL to offer to sell contracts awarded to

the TDL without the knowledge of the CEO, when the contract documents
are executed by the CEO? How would the AM be able to offer to sell
contracts on Mobile Column Lift, Santa Maria and Agogo School projects
and others, contracts which are supposedly being executed by TDL,
without the knowledge of company officials?
Page 155 of 188

The evidence shows and the Commission accordingly finds as fact that
officials of TDL were clearly seen and heard in the documentary offering
to sell contracts awarded to it by MDAs and other public procurement
entities through restricted tender.
9.5 Whether Respondent used his Office improperly for the Benefit of
TDL and other Companies affiliated to him?
The documentary alleged that the Respondent used his position as CEO of
PPA improperly for the benefit of TDL during applications for the award
of contracts through restricted tender.
The Respondent denied the allegation. He then referred to some

commendable practices he had introduced at the PPA, portions of which
are reproduced below:
The current Board of the PPA, with the view to strengthening the
procedures relating to the grant of restricted tendering applications, has
been imposing “further requirements” (not mandated by section 38 of Act
663) on entities, which apply for restricted tendering. These relate to
requiring such entities to submit to the PPA a copy of the Evaluation
Report, copy of Tender Document and Tenders submitted by tenderers to
the PPA, prior to obtaining concurrent approval from the relevant Review
Committees.
It is relevant to note that, pursuant to the “further requirements” imposed

by the PPA Board, in respect of a particular application for restricted
tendering, the Bank of Ghana (which was the applicant) by a letter dated 8th
May, 2019, submitted copies of Evaluation report, Tender Document and
Tenders submitted by tenderers to the PPA.
Upon a careful consideration of the documents, and following the discovery

of a breach of the rules in favour of TDL, the PPA by a letter dated 28th May
2019 signed by our client, ordered the Bank of Ghana to discontinue with
the evaluation process (which has resulted in the TDL being declared a
Page 156 of 188
responsive tenderer to move to the next stage of evaluation process). The
PPA further ordered a re-evaluation to ensure full compliance with
procedure. This resulted in another company eventually emerging the
successful tenderer. This material fact showed that our client rather ensured
strict compliance with due process and all rules by entities that TDL dealt
with.
Be that as it may, it is relevant to say that, notwithstanding the foregoing,

on the occasion of the first application for restricted tendering involving
TDL coming before the Board of the PPA, the Respondent, in the spirit of
transparency, disclosed his interest in that company. The Board of the PPA
required the Respondent to recuse himself from a consideration of the
application, even though as stated above, the application before the Board
did not involve an evaluation of a bid by TDL or selection of TDL as a
supplier or contractor. In fact, at that point there had been no tender opened
and TDL had not had the opportunity to present a bid. The Board thus
became fully aware of the interest of the Respondent in TDL and
subsequently took notice. He attached a copy of a “Resolution” by the Board
of PPA which provides:



Page 157 of 188
These are certainly commendable, and we do commend the Respondent

for the commendable practices he introduced at PPA.
Nonetheless, this investigation abounds with evidence of many instances

of the Respondent not disclosing his interest or recusing himself during
Board meeting in respect of applications from procurement entities for
restricted tendering where TDL is visibly shortlisted.
Firstly, we see from the excerpts from the Board minutes many instances
where the Respondent did not disclose his private capacity interest or
recuse himself when the Board was considering applications for restricted
tender where TDL had been listed. Nowhere in the minutes of the Board
do the minutes reflect that the Respondent disclosed his interest or recused
himself, even though the Board’s resolution referred to above specifically
required him to do so.
Secondly, we also see from the documents set out above evidence of the
Respondent altering the decision of the Board in favour of TDL. We see
from the minutes of the Board evidence of the Board directing that
Canduns International Limited and TDL should be replaced for reasons of
suspected same ownership. We reproduce extracts of the Minutes No. 25
dated 3rd May 2018 below:
Extract of the Summary of Table:

Additional Structures in Selected SHSs across the Country

Page 158 of 188

structures in selected Senior High Schools (SHSs) across the country as part
of the process of eliminating the double track system by September, 2019.
The project has been divided into 104 lots with three (3) construction
companies shortlisted for each lot.

increased enrolment. The Ministry has received funds from GETFund
under the Emergency SHS Project to construct additional structures in
selected SHSs in line with elimination of the double track system.
Given the short time at the Ministry's disposal, it is imperative to adopt the
Restricted Tendering process to selected companies found to have the
capacity to construct the structures within the time schedule.
Consultant/Contractor/Suppliers Qualification: All the shortlisted

construction companies are registered in Ghana. However, the Works and
Housing classification for most has expired.
Technical Capabilities: We identified that some of the companies

shortlisted for some lots seem to have the same ownership: Canduns
International Ltd, and Talent Discovery Limited-Have same address
and were competing in same lot (lot55). Same Ownership.
Price Reasonableness: We found the estimated cost to be reasonable.

However, some of the projects have also been stated in the Ashanti Regional
Coordinating Council's request for approval. The two Agencies need to be
advised to liaise with each other and sort out the project to avoid duplication
of projects and or payments.
Conclusion: MoE should be advised to:
• Replace the companies identified/suspected to have the

ownership and are competing in the same lots to enhance
competition.
Page 159 of 188
• Liaise effectively with the Ashanti Regional Coordinating Council
in the execution of some of the projects in the region to prevent
duplication of projects at the expense of other schools in other parts
of the country.
Board Decision: Approval granted subject to Management's

recommendation above.
On 8th May 2019, acting upon the decision of the Board, the Respondent, in
a letter to the Hon Minister, Ministry of Education, ref. No.
PPA/CEO/05/842/19, with the heading “RE: REQUEST FOR APPROVAL
TO USE RESTRICTED TENDERING METHOD TO ENGAGE
CONTRACTORS FOR THE CONSTRUCTION OF ADDITIONAL
COUNTRY” stated:
“We make reference to your letter No. FA 101/331/01 dated 8 th April 2019
on the above subject.

Friday, 3rd May 2019, the Board noted the content of your letter. However,
the Board observed that, some of the shortlisted companies seem to have the
same ownership as tabled below...”, among others:
Lot No. Companies Involved Issues Identified Our Suspicion
55 Canduns International They have the same address Same

Ltd, and Talent and are competing in the Ownership
Discovery same Lot (no. 55)
“This letter supersedes our letter No. PPA/CEO/05/842/19 dated 6 th May

2019 on the subject above.
MOE is therefore advised to replace the companies identified/suspected

to have the same ownership and are competing in the same Lot to
enhance competition…”
Page 160 of 188

By letter to the Chief Executive of PPA, dated 14 May 2019, ref. no.
FA101/331/01, titled “RE: REQUEST FOR APPROVAL TO USE
RESTRICTED TENDERING METHOD TO ENGAGE CONTRACTORS
FOR THE CONSTRUCTION OF ADDITIONAL STRUCTURES IN
SELECTED SENIOR HIGH SCHOOLS ACROSS THE COUNTRY”, the
MOE writes:
“…We make reference to your letter No. PPA/CEO/05/842/19 dated 8 th

May 2019 requesting the Ministry to replace companies
identified/suspected to have same ownership and are competing in the
same Lot.
“In response to your request, the Ministry has replaced the

identified/suspected companies with different companies to enhance
competition.”
Please find attached a list of the companies and their statutory

documents…”
List:
Lot MMDA Structure Name of Company Name Estimated
School Cost
55 Savelugu- 2-Storey Savelugu Prolus Investments 2,600,000

Nanton Dormitory Limited
Senior High
Block
School Doemens Limited
Talent Discovery
The companies listed in the 8th April letter as suspected to have same
ownership in respect of LOT 55 are CANDUNS International Limited and
Talent Discovery Limited”. The PPA Board directed that the two
companies be replaced.
The CEO’s letter, dated 24th May 2019, ref. No. PPA/CEO/05/1082/19,
conveying the decision of the Board under the heading, “RE: REQUEST
FOR APPROVAL TO USE RESTRICTED TENDERING METHOD TO
Page 161 of 188

ENGAGE CONTRACTORS FOR THE CONSTRUCTION OF ADDITIONAL
COUNTRY”, is as follows:
“We make reference to your letter No. FA 101/331/01 dated 14 th May 2019
on the in response to our letter No. PPA/CEO/05/842/19 dated 8 th May 20-
19 on the above subject

Friday, 3rd May 2019, the Board decided that, upon submission of
satisfactory information as requested by the Authority, PPA may
proceed to convey approval to the Ministry of Education...to use
restricted Tendering Method to invite the underlisted companies in
104 LOTS to undertake the construction of various structures in selected
Senior High Schools across the country….as per the attached list”
Per the attached PPA approved list:

Lot MMDA Structure Name of School Company Name Estimated Cost
55 Savelugu- 2-Storey Savelugu Senior Prolus Investments 2,600,000

Nanton Dormitory High School Limited
Block
Doemens Limited
Talent Discovery
TDL or Talent Discovery (however described) could not by any stretch of

imagination be considered as having fallen within the ambit of “upon
submission of satisfactory information as requested by the Authority”,
having been specifically disqualified or excluded from that particular
tender. However, we see the Respondent, in his capacity as the CEO of
PPA, altering the decision of the Board to qualify Talent Discovery to
participate in that very tender which it had been disqualified.
Thirdly, we again see from the records, the Technical Committee of the
PPA Board at its meeting No. 023 (023/2018) held on Friday, 15 th March
2018, requested that GPHA provides satisfactory explanation as to
discrepancy in the cost of the earlier application putting the cost of the
Page 162 of 188
James Town Lighthouse rehabilitation at GH₵400,000. The GPHA
responded with an explanation that the contract sum had been reduced to
GH₵278,981.02 because their in-house maintenance team carried out some
works on the light house in response to an emergency situation for the
celebration of the Homowo festival. The Committee did not meet again on
this issue after the GPHA submitted the additional information requested
for by the 23rd meeting of the Board Technical Committee, before the 15th
May, 2018 letter by the Respondent was issued.
In the said letter, the Respondent communicated to the GPHA that:

convey approval to Ghana Ports and Harbours Authority.

amended, we convey approval to Ghana Ports and Harbours Authority
to use Restricted Tendering Method to invite the underlisted companies to
tender for the rehabilitation of James Town Lighthouse facilities in Accra at
an estimated cost of GHC400, 000.00.
Finally, based on his own assertion, we expect that the Respondent would
be aware, following his purported resignation as a director of TDL, that
TDL lacked the capacity to participate in public procurement, more so
restricted tender.
These, we find, are sufficient evidence that the Respondent used his office
improperly to the benefit of TDL, a company in which he has personal
(financial and relational) interest.
Page 163 of 188

9.6 How does the Respondent explain the Volumes of Funds that passed
through his Bank Accounts between March 2017 and August 2019
(Unexplained Wealth)?
The documentary alleged that the Respondent has been taking advantage
of his office to improperly enrich himself, to which the Respondent
strenuously denied through his solicitors.
However, we can see from the records received from the FIC of the bank
accounts of the Respondent that he handled large volumes of cash
exceedingly in excess of his known income as CEO of PPA.
The Respondent opened USD Account Number 9040002473180 at the

Stanbic Bank on 03 April 2017, after his appointment as CEO of PPA. As of
28 August 2019, a total amount of USD 516,225 had been credited to the
account, and his debits stood at USD 504,607.87.
In respect of his Cedi Account No. 9040002313337 at the same bank,

opened on 21 January 2017 before his appointment, a total of 3.83 million
Cedis was credited, and 3.81 million Cedis debited, to the account between
the date of his appointment as CEO and 29 August 2019.
His Euro Account at the same bank also had EU54,500.00 credited and
37,333 debited for the same period, in addition to his UMB USD Account
No. “428872” which had seen cash flow of over 110,000 USD between
December 2018 and March 2019 alone.
When confronted with the evidence of the sheer volume of cash that passed
through his accounts the Respondent indicated that Frosty Ice Natural
Mineral Water Ltd does not have a bank account and that proceeds from
the sales of the water is lodged in his account. Frosty Ice Natural Mineral
Water Ltd is the company the Respondent owns with his wife, Mercy
Adjie. He also claimed that he receives money from other family businesses
but could not name the family businesses.
Page 164 of 188

The records from the Registrar-General show that Frosty Ice Natural
Mineral Water Ltd was incorporated on 29th January 2019. So how could a
company established in 2019 accumulate so much revenue in 2017 and
2018, before its establishment? Even though, the Respondent is a director
of over 19 companies, he himself claims that he did not receive director’s
fee from any of those companies except Beachfront Stevedoring Company
Limited.
We find that the Respondent’s explanation completely unsatisfactory, and

that he could not explain the source of the large volumes of excess wealth
that passed through his bank accounts between March 2017 and August
2019 (unexplained wealth). We will revisit the matter in our
recommendations.
9.7 Whether or not the Respondent has put himself in a position where
his personal interest conflicts or is likely to conflict with the
performance of his office
As noted earlier, the Respondent is a public officer, having been appointed

by the President of the Republic of Ghana in March 2017 as CEO of PPA in
accordance with section 9(1) of Act 663, as amended.
Article 284 of the Constitution places a constitutional injunction on a public

officer putting himself in a position where his personal interest actually
conflicts or is likely to conflict with the exercise of his public duties. It
provides that:
“A public Officer shall not put himself in a position where his

performance of the functions of his office.”
The 1992 Constitution, inter alia, declares and affirms Ghana’s

commitment to freedom, justice, probity, and accountability and the
principle that all powers of government spring from the sovereign will of
the people (see Preamble). Article 35(8) of the Constitution provides thus:
Page 165 of 188
“The State shall take steps to eradicate corrupt practices and abuse
of power”
Chapter 24 of the Constitution provides the minimum standards of

conduct in public office to the effect that private and personal interest of
public office holders are subordinate to public duty, and where a public
officer puts himself in a position where his personal interest conflicts or is
likely to conflict with the performance of the functions of his office, that
public officer shall be dealt with in accordance with law.
Pursuant to its mandate under Articles 284 and 287 of the Constitution, the
Commission in 2006 issued Guidelines on Conflict of Interest to assist
public officials to whom Article 284 applies to identify, manage and resolve
conflicts of interest. In addition, the Commission, pursuant to its mandate
under Chapter 24 of the Constitution, issued a generic Code of Conduct for
Public Officers to guide public officials on compliance with Chapter 24 of
the Constitution.
Thus, the Code of Conduct for Public Officers in chapter 24 of the 1992
Constitution and as elaborated in the Code of Conduct for public officers
of Ghana, 2009, (the Code) developed and issued by the Commission,
contains minimum standards of conduct applicable to all public officers,
including elected, non-elected or appointed, who are to ensure that the
basic values and principles provided in the Constitution and the Code are
adhered to. The Code seeks to promote integrity, probity and
accountability, dedicated and faithful service to the Republic of Ghana.
These standards include “Guidelines on Conflict of Interest to Assist Public
Officials Identify, Manage and Resolve Conflicts of Interest” (the
Guidelines). The Code and the Guidelines were issued as administrative
and operational framework for implementing the Constitutional
intendment underpinning Chapter 24 of the Constitution. It has to be
emphasized that these standards and values are now contained in the Code
of Conduct Bill (CoPO) currently pending passage into law before
Parliament until which event the administrative framework of the Code
Page 166 of 188
and Guidelines provides the basis for the assessment and exercise of
discretion by the Commission of its functions in chapter 24 of the
Constitution.
The Guidelines define conflict of interest as “a situation where a public

officer’s personal interest conflicts with or is likely to conflict with the
functions of his/her office.” Similarly, the Organisation for Economic Co-
operation and Development (OECD) defined conflict of interest in the
public sector as “a conflict between the public duties and private interests of a
public official, in which the public official has private-capacity interests which
could improperly influence the performance of their official duties and
responsibilities.”1 Black’s Law Dictionary (9th ed.) also defines conflict of
interest as “a real or seeming incompatibility between one’s private
interests and one’s public or fiduciary duties”.
“Private interest” is defined in the Guidelines to include:
A financial or other interests of the public officer and those of:
i. Family members, relatives

ii. Personal friends
iii. Clubs and associations
iv. Persons to whom the public officer owes a favour or is obligated
• Official functions of the Respondent as a Public Officer
In accordance with Section 9(3) of Act 633, as amended, Respondent’s

public/official functions are provided as:
“Subject to the general directions that the Board may give, the
Chief Executive Officer is responsible for the day-to-day
administration of the Secretariat of the Authority and the
implementation of the decisions of the Board”.
1 https://www.dgaep.gov.pt/media/0602010000/Paperguidelinesconflitsofinterest.pdf- 27/07/2020
Page 167 of 188

The Respondent’s official functions in respect of the above enactment are
broadly twofold. That is, Respondent is responsible for: (a) the day-to-day
administration of the Secretariat of the Authority and (b) the
implementation of the decisions of the Board. The third official function of
the Respondent is derived from his membership of the Board provided
under Section 4(1) (d) of Act 663 as:
“The governing body of the Authority is a Board consisting of nine

persons… (d) the chief executive officer of the Authority.”
By Section 98 of Act 663:
• Authority means the Public Procurement Authority; and

• Board means the governing body of the Authority.
The Respondent’s official functions relating to the day-to-day

administration of the Secretariat of the Authority are gleaned from Section
8(1) of Act 663 as:
The Authority shall have a Secretariat with the divisions and

structures determined by the Board as may be necessary for the
effective execution of its functions.
The first two official functions of the Respondent regarding “the day-to-day
administration of the Secretariat of the Authority” and “the implementation of the
decisions of the Board” are designed to have no direct relationship with the
approval of Applications on restricted tendering procurements submitted
by procurement entities to the Board pursuant to Section 38(1) of Act 663.
However, the third function of the Respondent as member of the Board has
direct relationship with the approval process of such Applications. By
Section 38 (1) of Act 663, the approval of restricted tendering applications
is the sole function of the Board. This provision provides that:
A procurement entity may for reasons of economy and efficiency

and subject to the approval of the Board engage in procurement by
means of restricted tendering: -
Page 168 of 188

a) if by reason of the highly complex and
specialised nature goods, works or services are
available only from a limited number of
suppliers or contractors;
b) if the time and cost required to examine and
evaluate a large number of tenders is
disproportionate to the value of the goods, works
or services to be procured.
Where the requesting procurement entity is successful and obtains the

required approval from the Board to engage in procurement by means of
restricted tendering, that procurement entity is further enjoined to go
through specified processes outlined in Section 39 of the same Act as
follows:
“(1) where a procurement entity engages in restricted tendering

on the grounds referred to in Section 38(a), it shall:
a) invite tenders from the suppliers and contractors
who can provide the goods, works or services;
b) select in a non-discriminatory manner, a number of
suppliers or contractors to ensure effective competition;
(2) where the procurement entity engages in restricted

tendering, it shall cause a notice of the selective-tendering
award to be published in the Public Procurement Bulletin.
(3) the provisions of Part Five but not Section 47, shall apply
to selective-tendering proceedings, except to the extent that
those provisions are varied in this section.”
From the forgoing, it is clear that the power to grant or decline to grant
approval to any Application submitted by any procurement entity to
engage in procurement by means of restricted tendering is vested in the
Page 169 of 188

Board. By the provisions of Section 4(1) (d) of Act 663, the Respondent is
statutorily a member of the PPA Board.
Secondly, the Respondent by virtue of his position as Chief Executive

Officer of the PPA and in accordance with Section 9(3) of Act 663, is also
responsible for “the implementation of the decisions of the Board”. Thus,
the Respondent is the person required to implement the decisions of the
Board, including communicating the outcome of the Board’s decisions on
any given application on restricted tendering to the applicant institution. It
is the performance of these functions of the CEO that the Respondent is
required by law not to put himself in a conflict of interest situation.
• Private Capacity Interest of the Respondent in this matter
The Respondent submitted in paragraph 4 of his written comments to the

Commission dated 5th September, 2019 that “he is only a shareholder in TDL,
and not part of either the management or Board of Directors of that Company”,
and that he “resigned from his role as director of TDL effective 5th September
2017. He also told the Commission on 12th June 2020 that he and his brother-
in-law, Francis Arhin, established TDL.
Narrating the circumstances leading to the establishment of TDL, the

Respondent said:
“…this is a brother-in-law who decided to relocate from London to Ghana.

fifty-nine (59). So, I said you could have this company, we can have it
and join you. So with that understanding that company was established”.
Page 170 of 188

The Respondent admitted that he was still the majority shareholder of
TDL. He insisted, however, that he was no more a Director of TDL,
although documentary evidence obtained from the Registrar General’s
Department indicates that the Respondent is both a shareholder and
director of the following companies:
• Talent Discovery Limited (TDL),

• TDL Freight Forwarding,
• Canduns International Ltd,
• Frosty Ice Natural Mineral Water Ltd, and
• ABM Logistics (GH) Ltd.
Even if the Respondent had resigned from TDL as Director as he alleges,

he remained a majority shareholder which makes his resignation a non-
issue for purposes of determining the extent of his private capacity interest.
The Respondent also admitted in an interview session with the

Commission that Mercy Adjei and Francis Kweku Arhin are Respondent’s
spouse and brother-in-law respectively.
Again, the official records obtained from the Registrar-General’s

Department dated 14th October, 2019 indicate that whereas Francis Kwaku
Arhin (brother-in-law of the Respondent, A.B. Adjei) is a shareholder,
director and Chief Executive Officer of TDL, Mercy Adjei (Spouse of the
Respondent, A.B. Adjei) is a shareholder and director of Frosty Ice Natural
Mineral Water Ltd and ABM Logistics (GH) Ltd.
The foregoing evidence leads to one and only one conclusion that the
Respondent has direct (personal), indirect (relational), pecuniary and non-
pecuniary interests in TDL, TDL Freight Forwarding, TDL Agro Ltd, TDL
Transport and Logistics, Frosty Ice Natural Mineral Water Ltd and ABM
Logistics (GH) Ltd, among others.
Page 171 of 188

• Respondent’s public duty as CEO and Board Member of PPA and
conflict of interest
By section 38(1) of Act 663, any procurement entity intending to engage in

procurement by means of restricted tendering is required to seek approval
from the PPA Board before undertaking that process. Again, it is the sole
responsibility of the Board to either grant or refuse approval for such
Applications requesting approvals to engage in procurement by means of
restricted tendering method of procurement.
Evidence available to the Commission shows that some procurement

entities have variously applied for and obtained approval from the PPA
Board to engage in restricted tendering method of procurement. Some of
the Applications shortlisted either TDL and/or other companies that the
Respondent has interest in as shareholder and/or director at the time the
Respondent was the incumbent CEO and Board member of the PPA. The
Ministry of Inner City and Zongo Development (MICZD), Ministry of
Works and Housing (MoWH), Ghana Ports and Harbours Authority
(GPHA), and Ministry of Education (MOE) are some of the procurement
entities that submitted applications for the PPA Board’s approval to engage
in procurement by means of restricted tendering where TDL was
shortlisted as prospective contractor or supplier.
By a Memo dated 16th March 2017, the Respondent set up a three (3)
member Due Diligence & Value for Money Audit Committee. The Terms
of Reference of this Committee included but not limited to:
• The determination of the reasonableness or otherwise of all Sole Source

applications as it relates to the appropriate provisions of Act 663 and 914.
• The Committee shall conduct value for money audit to establish price
reasonableness or otherwise of the estimated contract sums quoted by
Entities’
• Submit Reports to the CEO in a template to be designed by the Committee
and approved by the CEO, not later than 5 days upon receipt of an
application.
Page 172 of 188
The Committee was subsequently converted into a Unit within the PPA
named as the Due Diligence Unit (DDU). In the interview with the
Respondent on 12th and 16th June, 2020, he restated that he set up the DDU
to help operationalise the PPA mandate to approve restricted tendering
and or single source procurement in accordance with section 40 of Act 663,
as amended. According to him, there was the need to conduct due
diligence on the applications to ensure value for money. He explained that
the task of the DDU was to consider background of companies or suppliers to
ensure that they are qualified according to law and also review the prices quoted
for the projects. The Respondent explained that the DDU is distinct from the
Committees of the Board. Per the terms of reference, the DDU reported to
the Respondent who in turn forwarded the due diligence reports of the
DDU to the Board for consideration.
The evidence show that Respondent was present at and participated in the
meetings of the PPA Board Technical Committee that considered
applications for restricted tender which had shortlisted TDL. Below are
extracts from some of the meetings:
20th Meeting: Board Technical Committee Meeting no. 20 (020/2018),

the Respondent was present. The meeting commenced at 10:30pm
after a short prayer by the CEO (Respondent). That meeting
considered a request by the GPHA for approval from PPA to use
Restricted Tendering Method for the procurement of Mobile Column
Lift for the Takoradi Port at a cost of GHS160, 000.00. TDL was among
the Four (4) shortlisted firms. The minutes of that meeting did not
show that Respondent recused himself from deliberations of the
applications by the Board neither did the minutes disclose that he
declared his interest at the meeting.
At the 21st Meeting of the PPA Board Technical Committee Meeting

held on 23rd January 2019 to consider an application by the GPHA
to use RT for the Supply, Installation and Commissioning of 30-
Page 173 of 188

Meter-High Mast Poles (Poles), Tema Port at an estimated cost of
GHS2, 065,000.00, the Respondent who was present, said a short
prayer at the commencement of the meeting. The shortlisted firms
presented for approval included Talent Discovery Limited. The
minutes did not state that Respondent recused himself neither did he
declare his interest at the meeting.
23rd meeting: The GPHA request for approval for restricted tendering
procurement of works at Port of Tema, for the Rehabilitation of James
Town Lighthouse Facilities-Accra, was considered at the 23rd Meeting
of the PPA Board Technical Committee meeting held on Friday, 15th
March 2019. The Minutes of the Meeting No. 023 (023/2018), show
that the Respondent and two other members were present. He
seconded a motion by Dr. Emmanuel Boakye for the acceptance of
the minutes of the previous meeting of the Board. The CEO again
“…took members through the responses and the recommendations
on previous applications that the previous meeting considered as
well as the steps taken by Management in the light of the response”.
At that meeting, Members considered the 82 (Eighty-Two) single

Source (SS), Restricted Tendering (RT), supplementary applications
and responses received to queries issued on earlier applications, as
per a summary Table attached. Grovtex Ventures Limited, Talent
Discovery Limited, Canduns International Ltd and Abitjack
Construction Works Ltd, the shortlisted firms presented for
approval. Canduns International Ltd is another company in which
the Respondent is associated with.
The Respondent led the presentation of the applications and gave

technical clarifications to Members as required. All along, TDL was
involved. Nowhere is it in the minutes that the Respondent declared
his interest or recused himself from the discussions. The CEO (the
Page 174 of 188

Respondent) moved for the closure of the meeting and was seconded
by Dr. Emmanuel Boakye.
In that meeting, the Board Technical Committee decided that the

Respondent should request for clarification of a discrepancy as to the cost
estimates of the rehabilitation of James Town Lighthouse; whether it is
¢278, 981.02 or ¢400, 000, for a decision. The GPHA wrote back explaining
that as a result of emergency work done prior to the Homowo festival, the
cost estimates of the rehabilitation of James Town Lighthouse had reduced
to ¢278, 891.02. The PPA Board Technical Committee did not meet again to
consider the explanation of the GPHA. Although the GPHA had explained
that the estimates had reduced to ¢278, 891.02 because of some works
carried out, the Respondent wrote on 15 May 2019, ref.
PPA/CEO/05/936/19, giving approval to GPHA to proceed with the
restricted tender at ¢400,000, claiming that it was the decision of the 23rd
meeting of the Board Technical Committee.
The Respondent also participated in the 22nd meeting of the PPA Board
Technical Committee. In all of these, the Respondent did not declare his
interest, neither did he recuse himself from the meetings which were to
consider applications in which TDL and Canduns International Ltd were
companies in which the Respondent is a director and shareholder.
The Respondent argued that he is not involved in the process of short-

listing companies for restricted tendering. He stated that:
“We rely on the particulars of paragraphs 15(d) to (n) and 16 to 23 above,

and further assert that, applications for restricted tendering are filed at the
PPA after the entities in question have shortlisted companies to participate
in the restricted tendering process. The Board of the PPA, of which our client
is a member, is not responsible for short listing companies. Further, in terms
of the provisions of Act 663, the Board has no mandate to determine the
professional, technical and environmental qualifications of companies to
participate in restricted tendering. Same is the lawful duty of procurement
entities. The rationale for this stipulation in Act 663 is that, at the point
Page 175 of 188
where the Board of the PPA is considering applications for restricted
tendering, there would be no tender for suppliers, contractors, or
consultants to demonstrate their qualifications. The law thus makes it the
duty of procurement entities through their relevant entity tender
committees to consider and assess the qualifications of tenderers.
The Board of the PPA is primarily responsible for considering the validity
of applications for the method of restricted tendering in terms of the grounds
set out in section 38. After grant of such application, section 39 enjoins the
entities to conduct a tender in accordance with the rules on competitive
tendering set out in Part Five of the Act. The entities evaluate bids by
companies, selects the successful tender and awards the contract in
accordance with section 65.
The Board of the PPA does not play a role in such processes, save where
complaints of violations of the procedure are made to it, pursuant to the
powers of administrative review conferred on the Board by Part Seven of
Act 663.”
The Commission agrees with the Respondent that the Board of the PPA, of
which Respondent is a member, is not responsible for shortlisting
companies. Same is the lawful duty of procurement entities. The law makes
it the duty of procurement entities through their relevant entity tender
committees to consider and assess the qualifications of tenderers.
However, that is not the issue at stake here. The issue is about the
Respondent’s public capacity role as CEO and Board Member participating
in a decision-making process on applications involving companies he has
significant private capacity (financial and relational) interest in as
shareholder without disclosing his interest or recusing himself.
The Respondent himself admitted in an interview with the Commission

that the purpose of incorporating TDL was that:
“… this is a brother-in-law who decide to relocate from London to Ghana.

Page 176 of 188
together and I said why not. But let me put it this way, we would
put the company together, but you would run it.
At the time of establishing this company, I was about to turn to the

year fifty-nine (59). So, I said you could have this company, we can
have it together, but you run it, so when I leave public office, then I
can come fully and join you. So with that understanding that
company was established”.
This undoubtedly is unequivocal testimony from the Respondent himself

of a private capacity interest in TDL that is likely to improperly influence
him or interfere with the objective determination of the applications that
had shortlisted his company, and for which he had a duty to disclose and
recuse himself from the decision making of the Board on the applications
in which TDL is shortlisted.
Again, the Respondent argues in paragraphs 27 and 28 of his written

response that:
“…at the particular point where the Board of the PPA in accordance with
section 38 of Act 663, considers an application for the use of a method of
restricted tendering by an entity and not the evaluation of tenderers or
selection of bids by prospective suppliers and contractors, the issue of
conflict of interest does not arise at all”.
“Be that as it may, it is relevant to say that that, notwithstanding the

foregoing, on the occasion of the first application for restricted tendering
involving TDL coming before the Board of the PPA, our client in the spirit
of transparency, disclosed his interest in that company. The Board of the
PPA required our client to recuse himself from a consideration of the
application, even though…the application before the Board did not involve
an evaluation of a bid by TDL or selection of TDL as a supplier or contractor.
In fact, at that time there had been no tender opened and TDL had not had
Page 177 of 188

the opportunity to present a bid. The Board thus became fully aware of the
interest of our client in TDL and subsequently took notice”.
The Respondent’s disclosure of his interest in TDL and recusal from

deliberations of the Board in respect of that particular Application
involving TDL is supported by an extract of the Minutes of the 8th Board
Technical Committee Meeting Held on 17th January, 2018 at the PPA Board
Room 6th Floor SSNIT Emporium, Airport City as follows:
“(iv): Item 45 SSRT Table -Ministry of Inner Cities and Zongo

Development (MICZD)-
During consideration of this application, the CEO [Respondent] informed
Members of his interest in one of the companies listed as contractors for the
various projects. He therefore recused himself from the meeting and
consideration of that application.
The decision by the Respondent to disclose his interest in TDL to the Board
as one of the shortlisted companies by the MICZD and further recuse
himself from participating in the deliberations of that Application is duly
acknowledged. The disclosure of his interest in TDL to the Board and
further recusing himself from deliberations of that application was a legal
remedy for resolving the conflict of interest situation that was likely to arise
in the given circumstances, and we commend the Respondent for that.
Indeed the Minutes of the 8th Meeting continued as follows:

In ensuing discussions, the Board Chairman lauded the initiative, advising
that in dealing with conflict of interest situations, it was necessary to declare
one’s interest when it comes to decision making. He indicated that in laying
out guidance on how to proceed in situations of conflict of interest, an
organisation should not only lay out clear rules, but also introduce the
flexibility needed to put members at ease to confidently declare business
interests, for the appropriate steps to be taken.”
The Respondent is undoubtedly an expert in public procurement and an

astute person who knows the legal requirement for disclosure and recusal
Page 178 of 188
in a situation where you find yourself having to participate in an official
capacity in a matter which is likely to affect your private capacity interest.
Indeed, the Board also understood the legal requirement for disclosure and
recusal when it passed the “Resolution” which provided as follows:



As it turned out, the Respondent failed to disclose his interest or to recuse

himself in the many other Applications that came before the Board that
involved either TDL or one of the other companies that the Respondent has
personal interest in.
Rule 3.1 on Conflicting Financial Interest provides that:

A public official shall not participate in an official capacity in any
particular matter which to his knowledge:
i. he/she has a financial interest; and
Page 179 of 188

ii. any person whose interests are imputed to him in any way has
a financial interest if the particular matter will have a direct
effect on that interest.
Rule 3.2 on Self-Dealing also provides that:
A public official shall not take an action in an official capacity

which involves dealing with himself/herself in a private capacity
and which confers a benefit on himself/herself.
The rules are unequivocal that a public officer cannot perform a public
capacity function in such situations without violating Article 284
prohibiting conflicts of interest. In such situations, Article 284 prohibits the
public officer from performing your official duties, as to do so would put
the public officer in a position where his/her private interest conflicts or is
likely to conflict with the performance of the functions of his/her office.
The Supreme Court has held that, “a conflict of interest allegation must be
examined in the light of clear facts which support a conclusion that a
public officer’s personal interest conflicts with or is likely to conflict with
the performance of the functions of his or her office. The interest ought to
be financial or otherwise, direct or indirect, which must ultimately be
clearly proven”. [Okudzeto Ablakwa (N02) & Another v Attorney
General & Obetsebi-Lamptey (No2) (2012) 2 SCGLR 845].
In other words, the actions of the Respondent, as seen above, in

participating in decision making processes of the Board on applications
from procurement entities for restricted tendering in which TDL and other
companies in which Respondent has significant private interest are
involved without disclosing his interest or recusing himself were in
violation of the conflicts of interest rules on conflicting financial interest
and self-dealing.
Page 180 of 188

From the foregoing, the Commission finds as a fact that the Respondent
has put himself in a position where his personal interest (financial and
relational) conflicted with the performance of the functions of his office.
10.0. SUMMARY OF KEY FINDINGS OF THE INVESTIGATION
The following constitute the key findings of the investigation:
• Talent Discovery Limited (TDL) was incorporated on 19 June 2017, three

months after the Respondent was appointed CEO of PPA in March 2017,
by the Respondent and his brother-in-law Francis Kwaku Arhin, the
Respondent being the majority shareholder. The Respondent is both a
director and shareholder of TDL and Francis Arhin, Respondent’s
brother-in-law, is a director, shareholder and CEO of TDL. In effect, the
Respondent has personal interest in TDL (financial and relational).
• Although the Respondent claimed that he had resigned as director of

TDL by reason of letter dated 5th September, 2017 addressed to the CEO
and Company Secretary of TDL, all the relevant official records of the
company showed that he remained a director of TDL at all material
times, and that his purported resignation letter had no probative value
whatsoever.
• The evidence supports the allegation that TDL participated in a number

of restricted tenders, which applications came before the Respondent in
his capacity as CEO of PPA and member of the Board of PPA for
approval. TDL was awarded 10 contracts through restricted tender
between June 2017 and 22 August 2019. However, the evidence did not
support the allegation of award of contracts through sole sourcing.
• The Respondent participated in the decision-making process on

restricted tender applications that had TDL shortlisted without
disclosing his private capacity (financial and relational) interest in the
Page 181 of 188

company or recusing himself, except on one occasion, in violation of the
Board’s resolution on the matter and Article 284 of the Constitution.
• The evidence further showed that the Respondent, on at least two

occasions, used his office as CEO of PPA improperly by altering the
decision of the Board to the benefit of TDL, a company in which he has
personal (financial and relational) interest.
• Officials of TDL (Thomas Amoah, Administrative Manager, who is also

sometimes described as General Manager, Project Manager or Group
Manager, and Abigail, the Office Secretary), the company in which the
Respondent is majority shareholder and director, were clearly seen and
heard in the documentary offering to sell contracts awarded to TDL by
public procurement entities through restricted tender.
The evidence also established a pattern of movement of large volumes

of cash through the Respondent’s Bank Accounts between March 2017
and August 2019, far in excess of his known income (Stanbic Bank: USD
Account - $516,225.00; Cedi Account - GH₵3.83 million; Euro Account -
EU54.500; UMB Bank: $110,000). The Respondent could not offer
satisfactory explanation to the source of that huge volume of cash that
passed through his bank account between March 2017 and August 2019
(unexplained wealth).
• The totality of the evidence showed that the Respondent had put
himself in a position where his personal interest (financial and
relational) conflicted with the performance of the functions of his office
as CEO and Board Member of PPA.
11.0. DECISION
Having found as facts that Respondent has put himself in several positions
where his personal, relational, and pecuniary interest in TDL and other
companies actually conflicted with the performance of the functions of his
Page 182 of 188

office as CEO and Board Member of PPA, the Commission holds that the
Respondent has contravened article 284 of the 1992 Constitution.
Article 287(2) provides that:
The Commissioner for Human Rights and Administrative justice

or the Chief Justice as the case may be, may take such action as he
considers appropriate in respect of the results of the investigation
or admission (emphasis supplied).
In the exercise of its power under Article 287(2), the Commission has held
in previous cases it investigated under Chapter 24 of the Constitution that
the appropriate action taken in respect of the results of any investigation
must be proportionate to the magnitude of the contravention complained
of.
The Respondent, being the CEO of PPA, the Regulator of the procurement
sector, the Commission is of the strong and considered view that he has
gravely abused his high office of trust, and the appropriateness and
proportionality of any action to be taken by the Commission must be
commensurate with the gravity of the abuse.
In addition to the constitutional provision on conflicts of interest, the Public

Procurement Act, 2003 (Act 663) as amended, the parent law which the
Respondent is obliged to comply with in the course of his duties,
specifically provides under Sections 93 and 92 as follows:
93: (1) Entities and participants in a procurement process shall, in

undertaking procurement activities, abide by the provisions of
article 284 of the Constitution, which provides: “A public officer
shall not put himself in a position where his personal interest
conflicts or is likely to conflict with the performance of his
functions”.
Section 92 (1) and (2) of same Act also provides:
(1) “A person who contravenes a provision of this Act commits an
Page 183 of 188

offence and where a penalty is not provided for the offence, that
person is liable on summary conviction to a fine not exceeding
“two thousand five hundred” penalty units or a term of
imprisonment not exceeding five years or to both the fine and the
imprisonment.”
(2) The following also constitute offences under this Act:
(b) directly or indirectly influencing in any manner or

attempting to influence in any manner the procurement
process to obtain an unfair advantage in the award of a
procurement contract;
Further, Article 23 of the Constitution provides:

Administrative bodies and administrative officials shall act fairly
and reasonably and comply with the requirements imposed on
them by law and persons aggrieved by the exercise of such acts and
decisions shall have the right to seek redress before a court or other
tribunal.
The above provisions demonstrate the gravity the law attaches to conflicts
of interest in the procurement industry, and which the Respondent himself
was heard on the documentary espousing. All these go to show that the
Respondent did not act out of ignorance. He knew that the conduct was
prohibited under the Constitution and the PPA Act, and yet chose to do it
because of the personal benefits he gained from it.
Given all the circumstances, including the overwhelming evidence and

Respondent’s explanation and spirited defence, the commission considers
the following actions as appropriate and proportionate having regard to
the result of this investigation:
1. The Commission has determined that the Respondent is unfit to

hold public office and is therefore disqualified from holding any
Page 184 of 188

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.
2. Consequent upon the above determination His Excellency the

President of the Republic of Ghana, as the appointing authority of
Respondent, should terminate the appointment of the Respondent
as CEO of the PPA.
12.0. RECOMMENDATIONS
Section 18(1) of Act 456 mandates the Commission to make

recommendations that it thinks fit after an investigation. It would therefore
be remiss on the part the Commission, in view of the evidence that has
come to its attention, if it did not make appropriate recommendation and
consequential directives to address the irregularities identified.
1) Section 86 of Act 663 Provides that:

(1) The Board shall, with the approval of the Minister,
compile and publish a code of conduct that shall apply to
each official of a procurement entity, the members of an
evaluation panel, members of a tender review committee,
members of the Board as well as tenderers, suppliers,
contractors and consultants.
(2) The code of conduct shall address:
(a) conflicts of interest in procurement;
(b) measures to regulate matters concerning personnel

responsible for procurement;
(c) declarations of interest in particular procurements;
Page 185 of 188

(d) screening procedures and training requirements;
and
(e) any other matter related to the ethics of

procurement.
(3) The code of conduct shall promptly be made accessible to

the public and shall be updated regularly as directed by the
Board.”
4) The Board of PPA should see to it that the procurement

entities strictly comply with the lay down procedures in
restricted and single sourcing tendering stipulate in section
38 to 41 of Act 663 as amended.
The results of this investigation has reinforced the wisdom behind the
legislative intendment of Parliament in Section 86 of the PPA Act as
amended. The Commission therefore directs the Board of the PPA to as a
matter of urgency see to the compilation and publication of the code of
conduct envisaged under Section 86 of Act 663, and have it ready for use
not later than six (6) months from the date of this decision.
2) Sections 34A and 38 (1) of Act 663 requires that procurement entities that
decide to use the restricted tender method must apply to the PPA for
approval and must justify why they had decided the use that method of
procurement.
The evidence available to the Commission show that except the Ministry
of Education which provided specific reasons for its application to the PPA
Board, many of the applications for restricted tender between March 2017
and August 2019 from procurement entities reviewed in the course of this
investigation did not provide any justification, and yet the same were
approved by the PPA Board. The PPA Board is directed to pay closer
attention to this irregularity and ensure the practice does not recur.
Page 186 of 188

3) As noted above, the Commission came across evidence of inordinately
large volumes of cash passing through the Bank Accounts of the
Respondent far in excess of his known income, and for which he could not
provide satisfactory explanation (unexplained wealth). Besides the
excessive nature of the volumes of cash, the pattern of the deposits and
withdrawals also raised suspicions about the nature of the transactions.
Accordingly the Commission is referring the suspicious transactions in the
Respondent’s Bank Accounts to the Economic and Organized Crimes
Office (EOCO) for further investigation under the Anti-Money Laundering
Act, 2008 (749) as amended.
4) Primarily, this investigation was initiated on the basis of conflicts of

interest allegations. In the course of the investigation, however, the
Commission came across evidence of seeming unethical practices by the
company TDL, the company owned by the Respondent and his brother-in-
law. In the circumstances the Commissioned is constrained to refer the
evidence of the seeming unethical practices of TDL to the Registrar of
Companies and the PPA for further investigation and appropriate action.
Commendation
The Commission would like to commend H.E the President for promptly
submitting the complaint together with the documentary and requesting
expeditious investigations into the allegations of conflict of interest against
the Respondent.
This is the second time in the history of the Commission that a sitting
President has brought a complaint before the Commission in respect of his
own appointees. The first was former President Jerry John Rawlings in the
mid-1990s.
We are encouraged by this exemplary conduct of the Office of the President

and look forward to more of such commendable practices of using
appropriate designated investigation bodies of State.
Page 187 of 188

The Commission equally commends Manasseh Azure Awuni for the
public spiritedness and industry that went into the documentary he
produced that kick-started this investigation as well as his cooperation
with the Commission.
The Commission would also like to commend the Ministry of Works and
Housing for its timely submission of information to the Commission as
well as the Respondent and his Counsel and all the witnesses who attended
upon the Commission and provided evidence either oral and/or
documentary for their cooperation.
DATED THIS 27TH DAY OF OCTOBER 2020 AT THE COMMISSSION

ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE, OLD
PARLIAMENT HOUSE, JOHN EVANS ATTA MILLS HIGH STREET,
ACCRA.
Joseph A. Whittal
Commissioner
Page 188 of 188

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IN THE MATTER OF THE COMMISSION ON HUMAN RIGHTS

AND ADMINISTRARIVE JUSTICE ACT 1993, (ACT 456)

IN THE MATTER OF INVESTIGATIONS INTO ALLEGATIONS OF

CASE No. 241/2019

OFFICE OF THE PRESIDENT COMPLAINANT

MR. ADJENIM BOATENG ADJEI RESPONDENT

Article 284 of the 1992 Constitution provides that:

Article 287 also provides:

An allegation that a public officer has contravened or has not

(2) The Commissioner for Human Rights and Administrative

On 22nd August 2019, the President of the Republic, in a letter reference

The submission of the complaint to the Commission by the President

On Wednesday, 21st August 2019, Joy TV News Channel of Multimedia

Following the broadcast, the President suspended the Respondent and

2.0. THE COMPLAINT

REFERRAL OF ALLEGATIONS OF CONFLICT OF INTEREST

I am directed by the President of the Republic to refer to the Commission on

The President would be grateful for expeditious action in this matter.

A copy of the said documentary is enclosed herewith.

Please accept the President’s best wishes.

The allegations include the following:

3.0. RESPONDENT’S POSITION

In a letter dated 5th September 2019 entitled, “RE: ALLEGATION OF

3.1. Comments of Respondent on the Allegations

The Respondent presented his written Comments under various sub-

• Allegation that Messrs Talent Discovery Limited is engaged in the Sale

Respondent said that he was unaware of such corporate practices by TDL

The Respondent reiterated that at all material times, he is only a

RESIGNATION AS DIRECTOR AND CHAIRMAN OF TALENT

Following my discussion with your good self on the above subject

The decision has become necessary due to my increasingly busy

I shall trust upon you to effect the necessary changes by reason of my

The Respondent disclosed that since the airing of the documentary in

The certificates relate to the following:

• Construction of Small Dams/Dugouts under One Village One Dam,

He denied the allegation in the documentary, which suggested that TDL

He disclosed that prior to the appointment of the Respondent as the CEO

He gave the breakdown as follows:

2019 (up to July) - GH¢793,239,666.82

Total (for 31 months) - GH¢2,754,925,906.49

a) The price reasonableness or value for money analysis conducted

Upon a careful consideration of the documents, and following the

The Respondent provided copies of the said letters.

The Respondent stated that

“If the allegation referred to in the preceding paragraph is anything to go

He continued that, the conjectural suppositions in the documentary would

“a conflict of interest allegation must be examined in the light of clear facts

The Respondent further submitted that there is no evidence of any act or

• Allegation that our Client’s Position as a Board Member Puts Him in a

The Respondent denied this allegation and stated that it is “…misleading

The Board of the PPA, of which the Respondent is a member, is not

The Board of the PPA is primarily responsible for considering the

Be that as it may, the Respondent continued, it is relevant to say that,

“…WHEREAS at the 8th Board Technical Meeting held on

WHEREAS Mr. Adjei Subsequently recused himself from

WHEREAS he went further to state that as and when he becomes

He mentioned that it “…is mindboggling and questionable why the

Further, he said, most materially, as stated above, pursuant to the “further