Accra: The Office of the Special Prosecutor (OSP) has announced plans to charge former Finance Minister Kenneth Nana Yaw Ofori-Atta and five others for corruption-related offences linked to Strategic Mobilisation Limited (SML). The others facing charges include Ernest Akore, Chef de Cabinet to Mr. Ofori-Atta; Emmanuel Kofi Nti and Rev. Ammishaddai Owusu-Amoah, both former Commissioner-Generals of the Ghana Revenue Authority (GRA); Isaac Crentsil and Kwadwo Damoah, former Commissioners of the Customs Division of GRA.
According to Ghana News Agency, Mr. Kissi Agyebeng, Special Prosecutor, disclosed this at a press conference in Accra following the conclusion of investigations into contractual arrangements involving the Ministry of Finance, GRA, and SML. He stated that the OSP would seek to recover financial losses caused by these individuals and pursue the return of GH?125 million from SML as disgorgement of unjust enrichment.
Mr. Agyebeng explained that this amount was determined based on SML's involvement in the public revenue assurance regime, which was characterized by largely undeserved automatic payments detached from performance. He pointed out SML's lack of expertise and capacity in transaction audit and external price verification, failure to submit invoices backed by verified reports, and the use of variable percentage-based payments in downstream petroleum audits as contributing factors.
These factors, Mr. Agyebeng noted, led to a free payment system and a conflictual system of padding-up figures of petroleum products lifted to attract artificially higher fees. He commended the GRA for terminating SML's engagement in transaction audit and external price verification in November 2024, describing the company's performance in those areas as 'classless non-performance.'
The OSP recommended that the termination of SML's contract should remain effective. Mr. Agyebeng clarified that the OSP cannot select or recommend contractual partners for public institutions. He advised that if the Ministry of Finance and GRA wish to retain SML in other areas of revenue assurance, a critical needs assessment should be performed, ensuring all statutory and regulatory prior approvals and licenses are obtained.
The OSP emphasized that contractual obligations must be based on expertise, experience, and value-for-money verification and monitoring. Mr. Agyebeng also commended journalists Evans Aziamor-Mensah, Adwoa Adobea-Owusu, and Manasseh Azure Awuni of The Fourth Estate for their investigative work.
