NDA procurement scandal: Accused persons granted GH¢ 2m bail each

The Tamale High Court has granted bail, in the sum of GH¢ 2 million to the CEO of the Northern Development Authority (NDA), Mr. Sumaila Abdul-Rahman, and three others who have been charged over an alleged conspiracy to influence the procurement process in the award of a contract. 

The Office of the Special Prosecutor (OSP) last Tuesday, filed charges against Mr. Sumaila Abdul-Rahman, Patrick Seidu (Deputy CEO in charge of Finance and Administration), Mr Stephen Yir-eru Engmen, (Deputy CEO in charge of Operations), and Andrew Kuundaari, a Chief Executive of A&Qs Consortium.

The four were charged with six counts including a joint count of conspiracy to commit the criminal offence of directly or indirectly influencing the procurement process to obtain an unfair advantage in the award of a procurement.

According to the charge sheet, the OSP said the individuals agreed to act together to circumvent the procurement process in the award to A&QS Consortium Limited of a procurement contract by the Northern Development Authority under the implementation of the Infrastructure for Poverty Eradication Programme (IPEP). 

The particulars of the case also indicate that the four individuals increased, without lawful authority, the total contract sum of Five Million Seven Hundred and Twenty Thousand cedis (GHC5,720,000.00) approved by Public Procurement Authority to an amount of Ten Million Four Hundred Thousand cedis (GHC10,400,000.00).

In court today, January 31, 2023, all accused persons pleaded not guilty to charges of corruption.

The case has also been adjourned to 28 February 2023 for Case Management Conference.

Background

The filing of the court process came after the OSP released its report in relation to a six-month investigation it conducted following a June 2022 written complaint from private legal practitioner, Martin Kpebu, who requested a probe into the operations of NDA and the actions of its Chief Executive and Board Chairman.

Prior to Mr. Kpebu's petition, a former Acting Chief Executive of NDA, Dr. Alhassan Sulemana Anamzoya on January 11, 2022, petitioned the Chief of Staff at the Presidency on the same matter, alleging the falsification of his signature in the award of the A&QS Contract at the sum of Ten Million Four Hundred Thousand cedis (GHC10,400,000.00). 

In its findings released today, January 24, 2023, the OSP highlighted that Mr. Abdul-Rahman, Mr. Engmen and Mr. Seidu, in their various capacities, pushed through and approved a 26 June 2020 and the 27 May 2021 invoices for payment, without lawful authority. 

The report also indicated that Mr. Abdul-Rahman and his two deputies ignored the caution from a budget officer, who advised that payments to A&QS be suspended since the invoices submitted by Mr. Kuundaari on behalf of A&QS were incompatible with the PPA-approved contractual relationship between NDA and A&QS.  

"Indeed, Mr. Abdul-Rahman, Mr. Engmen and Mr. Seidu knew fully well that the document attached to the invoices was not the contract signed by Dr. Anamzoya on behalf of NDA and that Mr. Kuundaari’s presentation of the document attached to the 26 June 2020 and the 27 May 2021 invoices as their main supporting document was merely the last chip to complete their common design of passing off what was clearly a fictitious document as the original contract. 

Yet, once again, Mr. Abdul-Rahman, Mr. Seidu, and now joined by Mr. Engmen and Mr. Kuundaari, acquired incurable willful blindness by intentionally keeping themselves unaware of the ultra-glaring fact that the contract price stated on page 25 of the document is Ten Million Four Hundred Thousand cedis (GHC10,400,000.00), contrary to the PPA approval of 16 January 2020 which stated the prescribed full contract price for the procurement of A&QS at Five Million Seven Hundred and Twenty Thousand cedis (GHC5,720,000.00)," the OSP report said among others. 

On January 13 and 14, 2023, President Akufo-Addo terminated the contracts of the two deputy CEOs of NDA, Patrick Seidu and Mr. Stephen Yir-eru Engmen, which takes effect from March 21, 2023.