A lecturer at the University of Education Winneba, Alhassan Salifu Bawa has dragged the Member of Parliament for Awutu, Hon Alexander Afenyo-Markin before the Special Prosecutor for violating the Public Procurement Act, in award of contracts at the Ghana Water Company Limited (GWCL) as the Chairman of that entity.
The MP is also accused of compromising his position as the Board Chairman and awarding contracts to undeserving companies.
In a Petition written to the Office of the Special Prosecutor, Alhassan Salifu Bawa noted that in October 2017, soon after his appointment as the Board Chairman of GWCL, Afenyo-Markin allegedly received a Toyota Land Cruiser, Four Wheel Drive from Intermec Gh. Limited.
This car gift was believed to have informed his decision to award contract to the Company.
“Alexander Kwamena Afenyo-Markin, soon after being appointed Board Chairman of GWCL in October 2017, and having assumed office, is alleged to have been gifted a Toyota Land Cruiser Four Wheel Drive Vehicle by Intermerc (Gh) Ltd. What was the motive behind this gift? Why didn’t Intermerc make its donation to Afenyo-Markin before he became Board Chairman of GWCL? Could this be the reason Intermerc is now being awarded contracts at GWCL at hugely inflated contract sums?” he stated.
According to the Petitioner, per Article 284 of the 1992 which states 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,” the alleged donation of the Toyota Land Cruiser Vehicle to Afenyo-Markin who is a public officer by Intermerc (Gh) Ltd., (a contractor/supplier), is a clear breach of Article 284 of the 1992 Constitution.
Per documents he attached to his petition, a contract was awarded to Intermerc (Gh) Ltd. in 2017, at a total contract sum of GHS 14,801,971.50, for the Supply and Installation of Transport Pump, Control Panel and Additional Items for Takoradi Pump House at Inchaban Headworks.
He also provided a price list or invoice from Sunbabsco Ltd., for the supply and installation of Transport Pump, Control Panel and Additional Items for Takoradi Pump House at Inchaban Head works, the same items supplied and installed by Intermerc at GHS 14,801,971.50), which shows that all the items could have been procured at GHS 2,240,505.00; a colossal difference of GHS 112,561,466.5.
“Value for money, was thus thrown to the dogs by the Afenyo-Markin led Board at GWCL! If this does not amount to causing financial loss to the State, then what else?” he stated.
He said: “While Afenyo-Markin is most often in the media castigating officials of some other State entities (where he has neither administrative nor supervisory roles, except under the window of public spirited person) for financial malfeasance perceived only by him, he has paradoxically superintended knowingly over gargantuan create, loot and share at GWCL.”
Salifu Bawa also mentioned that the blatant and seeming breaches of Act 663 as amended, is happening in a State Owned Enterprise (SOE), superintended over by Alexander Kwamena Afenyo-Markin, the Board Chairman of GWCL, stressing that having earned the trust and confidence of a majority of Ghanaians, the petitioner is convinced that the Office of Special Prosecutor, will undertake an independent and meticulous investigation into the award of all contracts at GWCL and other matters of public concern.
He said, this will ultimately determine whether the allegations of a section of the staff of GWCL and other concerned members of the public, are a mere puff, or founded.
“More importantly, the audit, if carried out, will potentially and greatly save the public purse,” he averred.
He also pointed out that Article 41(f) of the 1992 Constitution provides that it shall be the duty of every citizen: “To protect and preserve public property and expose and combat misuse and waste of public funds and property” and that coming from the provisions of Article 41(f) and the provisions of sections 1(b) and 2(c) of the Whistleblower Act, 2006 (Act 720), the he (Bawa), appealed to the Office of Special Prosecutor (OSP) to conduct a forensic investigation into the award of all contracts at the Ghana Water Company Ltd. (GWCL), from January 7th 2017 to date, and any other period that the Office of Special Prosecutor may deemed necessary.
He enumerated that the GWCL is a Limited Liability Company, established under the Statutory Corporations (Conversion to Companies) Act 461 of 1993, as amended by LI 1648.
“As a public entity, the award of all contracts, be they works, goods or services, MUST be in accordance with the provisions of the Public Procurement Act, 2003 (Act 663) as amended, and all spending in line with the stipulations of the Public Financial Management Act, 2016 (Act 921).”
See Documents below
DETAILS OF PAYMENTS MADE TO INTERMEC (GH) LTD FOR THE SUPPLY AND INSTALLATION OF TRANSPORT PUMP CONTROL PANEL AND ADDITIONAL ITEMS IN RESPECT OF TAKORADI PUMP HOUSE AT INCHABAN HEADWORKS
NO. Cheque No. Date Paid. Receipt No. Total Amount in GHS
1. 508385. 16/01/18. 0002572. 2,000,000.00
2. 508386 17/01/18 0002573 1,000,000.00
3. 508395 22/01/18 0002574. 1,000,000.00
4. 508433 05/02/18. 0002575 3,000,000.00
5. 508445 19/02/18 0002576. 2,000,000.00
6. 508461 07/03/18. 0002578. 1,000,000.00
7. 508460 07/03/18 0002577 2,000,000.00
8. 508515 03/04/18 0002580. 1,500,000.00
9. 508558 12/04/18. 0002582. 1,301,971.50
Grand Total 14,801,971.50
INVOICE PRESENTED BY SUNBABSCO LIMITED FOR THE SUPPLY OF THE SAME ITEMS
By PROSPER AGBENYEGA