NDA procurement scandal: Special Prosecutor files 11 new charges against accused persons

The Office of the Special Prosecutor (OSP) has filed 11 new charges against the former CEO of the Northern Development Authority (NDA), Mr. Sumaila Abdul-Rahman, his two deputies, and a private contractor. 

The four are before the Tamale High Court over an alleged conspiracy to influence the procurement process in the award of a contract. 

At the court sitting yesterday, April 4, 2023, prosecutors with the OSP informed the court about withdrawing the previous charges and replacing them with 11 new charges.  

The High Court presided over by Justice Ankomah Eric Ansah, owing to the withdrawal, struck out the previous charges. The prosecution has thus been directed to file disclosures by April 18, 2023. 

"Case Management Conference has been fixed for May 2, 2023 with possibility to open Prosecution's case that same day,” the OSP said in an update. 

Background

Mr. Sumaila Abdul-Rahman, his two deputies, and the Chief Executive of A&Qs Consortium, Andrew Kuundaari, were charged by the OSP in January, on six counts, for allegedly circumventing the procurement process in an award to A&QS Consortium Limited under the implementation of the Infrastructure for Poverty Eradication Programme (IPEP).

The accused persons were also granted a GH¢ 2 million bail each in the same month. 

According to the particulars of the case, the four individuals increased, without lawful authority, the total contract sum of GHC 5,720,000.00 approved by Public Procurement Authority to an amount of GHC10,400,000.00 in the award to A&QS Consortium Limited. 

The OSP filled the court process immediately after it released a report of a six-month-long investigation on the back of 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, the OSP highlighted that Mr. Abdul-Rahman, Mr. Engmen and Mr. Seidu, in their various capacities, pushed through and approved  26 June 2020 and  27 May 2021 invoices for payment, without lawful authority. 

The report further 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. 

Meanwhile, President Akufo-Addo on January 13 and 14, 2023, 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.

Mr. Sumalia resigned on March 7, 2023 while his deputies had their appointment terminated by President Akufo Addo on January 13 and 14.