GACL Found Guilty In Breach Of Procurement Laws – CHRAJ

The Commission on Human Rights and Administrative Justice (CHRAJ) has found the Ghana Airport Company guilty of consistent breach of the procurement laws.

According to the commission, the Airport Company since 2018 undertook the procurement of Christmas trees with public funds but failed to comply with the procurement laws.

In January 2022, a complainant Sacut Amenga Etego petitioned CHRAJ to investigate possible abuse of office in the 2021 procurement of a Christmas tree for decorative purposes at a cost of 128,000 cedis.

The findings found the board chairman Paul Adom Okyere guilty of abusing his office.

The commission in their findings established that “the Board Chairman of a state-owned company has no locus in procurement matters.”

It said Paul Adom Okyere’s active participation in the procurement process of the GACL was a form of interference in the management functions of the company and therefore contrary to the principles of corporate governance.

While the commission had refused to implement the full reliefs as requested by the complainant, it recommended that Paul Adom Okyere “restrain himself from interfering in the work of the work of management and restrict himself purely to his prescribed functions as Board Chairman.”

It added that his commentary on matters involving the GACL does not augur well with the principles of good corporate governance and as such he must desist from doing so as long as he remains Board Chair.

The commission further directed that the GACL cease treating the rental of Christmas trees as being outside procurement and hence not affected by the Public Procurement Act, 2003 (Act 663).

And it finally urged the Public Procurement Authority to take steps to amend Act 663 to clearly include an interpretation of the term ‘procurement’.

 

 

 

 

Background

It was alleged that GACL, under the supervision of Adom-Otchere, spent about $118,000 of taxpayers’ money on the said Christmas trees and lighting.

Sacut Amenga-Etego thus dragged the Board Chair of the company before CHRAJ over the allegations.

Among his requests was a declaration that Mr. Adom-Otchere breached various provisions of the Public Procurement Law, the Public Financial Management Law, and the principles of corporate governance in the procurement of the decorations in December 2021.

He also sought an order directing GACL to surcharge Mr. Adom-Otchere for the amount involved, as well as a request for CHRAJ to refer its investigations and recommendations for the prosecution of the respondent to the appropriate authorities.

 

 

 

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