Massive Breach Of Procurement Law: Whistleblower Petitions OSP To Investigate DG And Board Of Aviation Authority

A GHANAIAN whistleblower has petitioned the Ghana's investigative body, Office of Special Prosecutor (OSP), to investigate the Director General of Ghana Civil Aviation Authority (GCAA), ING.Charles Kraikue, Board Chairman of the Authority, Acting Director of General Services at GCAA, Mr Benjamin Arthur and Head of Procurement Department of the Authority, Madam Owusu, for alleged multiple breaches of the Public Procurement Laws.

The four-page document which was copied to the office of the President, GCAA Board Chairman, Director General of GCAA, Public Service Workers Union of GCAA and the media is signed by one Eric Pablo Aseda, who is asking to temporarily suspend these top personalities of the GCAA, while investigations are conducted into the alleged infractions.

It has emerged that the documents submitted to the office of the Special Prosecutor since last month has not yet been attended to after submission. 

Observations has it that, Board of Directors of  GCAA has asked the Director General of GCAA to respond to the mind blowing revelations contained in the petition which is been kept quite from the workers of GCAA to prevent an uprising at GCAA. 

The petition goes on to claim that there are report of the activities of serious procurement breaches and suspicion of corrupt or corruption related activities of the board of directors, Director General and Directorate in charge of procurements of Ghana Civil Aviation Authority (GCAA).

The petition contended that these above mentioned top officers of GCAA have breached the Public Procurement Law,2003 (Act 663) as amended in Act 918(2016) and the Public private partnership Act 2020 (Act 1039). 

According to the whistleblower, "l wish to notify your esteemed office of activities of the various units of the above mentioned organization that constitute the serious breaches of the Public Procurement Law,2003 (Act 663) as amended in Act 918(2016) and the Public private partnership Act 2020 (Act 1039). 

"There is further suspicion of corrupt activities by same or all the units within the organization that handle procurements and the contracts. Below is the catalogue of acts, which had constituted the serious procurement breaches worth mentioning.

"The design and build construction of a ultramodern Air Traffic Control Tower Building at the Kotoka International Airport (KIA)," the petition stated.

According the whistleblower, the Director General of the GCAA, Ing. Charles Kraikue, who, until his appointment was a Deputy Director-General for Technical Services at GCAA, and Board of Directors led by the Board Chairman Captain Powis Deakens Spencer have proceeded to sign and witnessed respectfully a US$ 19,000,000.00 procurement contract between GCAA and Messrs Amandi Investment Limited (the contractor).

He asserted in his petition to the OSP that "these acts of these top personalities in the GCAA constituents a serious breach of the sections 36,37,38, and 39 of the Public Private Partnership Act 2020 (Act 1039).

And which requires public sector contracting organisations to conduct the preliminary stages of project concept notes /pre-feasibility study, feasibility study, PPP solicitation process and request for qualification, before initiating procurements.

Similarly, the petitioner noted that the Director General and Board Chairman of the GCAA had proceeded to award a consultancy contract to Messrs Creativital Incorporated for supervision of the above 'premature' contract.

The petition added that the Director General of the Authority has gone ahead to accept a guarantee from the contractor for advance payment of 50% which was to the tune of US$ 10,050,000.00in serious breach of the Public Financial Management Act, and procurement Act which stipulate lesser percentage,and is in the process of making actual payment.

According to the petitioner the Director General of the Authority has gone ahead to secure syndicated loan facility through ECOBANK Ghana Limited to start making payments to the contractor.

The petition asserted that the above breaches are so serious that Internal Auditors, External Auditors, Public Procurement Authority Auditors and Ministry of Finance Auditors shall not miss reporting on such breaches.

On the implementation of Advanced Passenger Information (API) and Passenger Name Records (PNR) systems and Development of Automated Boarder Control System (E-Gates) at the KIA, the petition pointed out the Director General and Director of Economic Regulation and Business Development, Rev. Stephen Wilfred Arthur are already procuring the services of an ICT infrastructure service provider to operationalize a contract with a sum in excess of US$34,000.000.00.

The petition indicated that this act constitutes a serious  of sections 36,37,38, and 39 of and 39 of the Public Private Partnership Act 2020 (Act 1039) which requires public sector contracting organisations to conduct the preliminary stages of project concept notes /pre-feasibility study, feasibility study, PPP solicitation process and request for qualification, before initiating procurements.

According to the petition the above breaches are so serious that Internal Auditors, External Auditors, Public Procurement Authority Auditors and Ministry of Finance Auditors shall not miss reporting on such breaches.

On the construction of ultramodern Air Navigation Services Centre, including supply of ANNS equipment on Turkey Basis, the petition asserted that Director General has approved payment in execss of US$37, 000, 000.00(close to 48%) above the originally approved contract sum of approximately US$ 25,000,,000.00 without recourse to Public Procurement Authority. 

"This is a serious breach of section 87 of the Public Procurement Law,2003 (Act 663) as amended in Act 918 (2016)," the petition stressed .

It indicated  Director General of the GCAA is close to awarding furnishing contract of US$3,000, 000.00, in addition to the already overrun unapproved budget for the above project.

On the issue of design/construction of head office building for Ghana Civil Aviation Authority at KIA-Turkey contract, the document raised an alarm bell that Director General continues to approve payments Messr Amandi Investment Limited (the contractor) close to US$ 35,000.000.000 (approx 22%) above the original contract sum of approx US$28,700,000.00.

Adding that these actions of the DG has also amounted to a serious breach of section 87 of Public Procurement Law ,2003 (Act 663) as amended in Act 918 (2016).

The petition alleged that Board of Directors are conflict of interest situation in the name of promoting Corporate Social Responsibility (CSR) projects.

In the name of CSRs, the petition pointed out that the GCAA Board members are in serious breach of section 86 (2) 92 (2) and 93 (1) of Public Procurement Law,  2003 (Act 663) as amended in Act 918 (2016) and milking the organization's resources through newly instituted CSR projects approved by the GCAA Board of Directors.

The document disclosed that the Board uses the Director General to attend to these projects in the name of CSRs. 

On the contrary, the petition indicated that these projects are used to pursue political ambitions of the Board members in their respective constituencies for their own political gains.

It mentioned that the first of its kind is the construction of an Astro-turf pitch at Bibiani, Honourable Alfred Obeng Boateng's constituency, budgeted at approximately GH¢3,000,000.00. 

It added that the second is a six-Unit classroom complex earmarked for the Adwuman Manhyia Municipality in the Ashanti Region estimated at GH¢3,000,000.00.

On the issue of conflict of interest, the petitioner revealed that the Director General of GCAA in conflict of interest situation with award of contracts which amounts to the breach of sections 86 (a),(d) and (e),92 2(a), (b), (c) and (d) and 93 (1) of of Public Procurement Law ,2003 (Act 663) as amended in Act 918 (2016).

Usurping the organization's command structure and using the machinery of the General Services Department headed by Acting Director, Mr Benjamin Eshun and Procurement Section, headed by Madam Rose Owusu of Metro Mass Procurement scandal fame in perpetuity for the Director General without release untill a new process is started later.

In the recent national competitive tender to contract a fence wall for GCAA's land at La Wireless (La-Tx), the petition noted that this cycle of holding unto evaluation reports perpetuity is ongoing. 

According to the petitioner, the first evaluation reports was compiled, but a new team has been constituted to compile a second evaluation reports in the name of a review.

The petitioned stressed that it does not stop until a third compilation produces the Director General's brother company by name DMCA Group.

According to the petition, the DG and Board members were overlooked of expired/ counterfeit statutory required documents in tender evaluations saying that this actions amount to the breach of sections breach of sections 86 2 (a),(d) and (e),92 2(a), (b), (c) and (d) and 93 (1).

The petition disclosed that the tenderers who submitted the various expired or forged statutory tax clearance, SSNIT clearance, and other certificate are allowed to sail through the tender process under the watch of Madam Rose Owusu of Metro Mass Procurement scandal fame and her Procurement section and the Acting Director of General Services of GCAA, Mr Benjamin Eshun.

It asserted that the Director General of GCAA in breach of procurement approval limits as the head of entity. 

"He is in a serious breach of sections 20 C and fifth schedule (item C3) of Public Procurement Law ,2003 (Act 663) as amended in Act 918 (2016). 

"The Director General of GCAA through the Acting Director General of Services of GCAA, Mr Benjamin Arthur issued a work order to Messrs. Survey World Limited through price quotation procurement method," the petition said.

According to the document, the sum of GH¢ 98,200,000.00 for preparation of concept plan for 50-acre land at Adanta Central Business District should have warranted the conduct of national competitive tender for this technical service assignment.