The Office of the Special Prosecutor (OSP) has formally charged former Finance Minister Kenneth Ofori-Atta and seven others with 78 counts of corruption and corruption-related offences linked to the controversial revenue assurance contract awarded to Strategic Mobilisation Ghana Limited (SML).
A charge sheet filed at the Criminal High Court in Accra on Monday, November 18, lists eight accused persons. They include:
Ken Ofori-Atta – Former Finance Minister,
Ernest Darko Akore – Former Technical Advisor, Ministry of Finance,
Emmanuel Kofi Nti – Former Commissioner-General, GRA,
Rev. Dr. Amishaddai Owusu-Amoah – Former Commissioner-General, GRA,
Isaac Crentsil – Former Commissioner of Customs, GRA,
Col. (Rtd.) Kwadwo Damoah – Former Commissioner of Customs, GRA,
Evans Adusei – CEO of SML and Strategic Mobilisation Ghana Limited (SML).
Charges and Allegations
The accused persons face a wide range of offences, including:
16 counts of conspiracy,
1 count of attempting to influence the procurement process for unfair advantage,
16 counts of causing financial loss to the state, contrary to the Criminal Offences Act, 1960 (Act 29),
22 counts of using public office for profit, under section 179C (a) of Act 29,
4 counts of willful oppression,
6 counts of directly influencing procurement,2 counts of issuing false certificates by a public officer,
…among other charges.
The OSP has assured that processes are underway to extradite Ken Ofori-Atta, who is currently outside the country.
According to the charge sheet, the OSP describes the actions of the accused persons as part of a coordinated and long-running “criminal enterprise” spanning 2017 to 2024. The prosecution argues that this enterprise was deliberately structured to secure and sustain lucrative government contracts for Strategic Mobilisation Ghana Limited (SML) through unlawful means.
Illegal Procurement Practices
The OSP contends that contracts awarded to SML were unlawfully processed through single-source procurement, despite lacking the mandatory approvals from the Public Procurement Authority (PPA) Board. For contracts exceeding statutory thresholds, the necessary parliamentary approval was also not sought, rendering the procurement process illegal.
False Pretenses and Misrepresentation
The prosecution alleges that SML obtained government contracts through willful misrepresentations about its technical and financial capacity. This included claims that the company possessed advanced proprietary technology from multinational partner COTECNA S.A., and assurances of financial backing claims the OSP says were knowingly false.
Payment Without Services Rendered
Another major allegation is that the accused persons placed SML on an “automatic payment mode”, enabling the company to receive large sums of money without validation or evidence of actual work performed. The OSP asserts that state funds were disbursed even though no measurable service, output, or audit work had been delivered.
Abuse of Public Office
The charge sheet further accuses senior public officers of using their positions to advance the private interests of SML and its CEO, Evans Adusei. The OSP maintains that the actions of these officials were motivated by personal gain rather than public interest.
Contracts and Alleged Financial Losses
The OSP’s case references multiple contracts awarded to SML, which it believes resulted in significant losses to the state. These include contracts involving revenue assurance in the downstream petroleum sector, as well as work related to monitoring and auditing operations.
One allegation involves a pending contract for upstream petroleum and minerals audit services. Although the contract was halted before payments began, the OSP estimates that it carried a potential future financial burden of US$2.79 billion (US$2,799,604,864.71), had it been executed.
Mahama Vows Firm Action Against Corruption
Meanwhile, President John Dramani Mahama has reaffirmed his zero-tolerance stance on corruption, promising swift and uncompromising action against any appointee involved in misconduct. Speaking on Tuesday, the President stressed that his administration will not shield any official found to be engaging in corrupt acts, adding that offenders will face the same legal scrutiny and prosecution that the law demands without political favour.
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