The Commission on Human Rights and Administrative Justice (CHRAJ) has absolved Paul Adom-Otchere, Board Chairman of the Ghana Airports Company Limited (GACL), of accusations regarding the violation of procurement processes in the acquisition of Christmas decorations for the company in 2021
This clearance comes after an investigation prompted by a petition filed by Sacut Amenga-Etego, who alleged breaches of the Public Procurement Law and other rules during the procurement.
Background: Allegations of Misuse of Taxpayer Funds in GACL’s Christmas Decorations
Claims surfaced suggesting that the Ghana Airports Company Limited (GACL), under the oversight of Board Chairman Adom-Otchere, utilized approximately $118,000 of taxpayers’ money for Christmas trees and lighting. This triggered a response from Sacut Amenga-Etego, who took the matter to the Commission on Human Rights and Administrative Justice (CHRAJ) to address these alleged financial improprieties.
Petition to CHRAJ
Amenga-Etego’s petition to CHRAJ included a demand for a declaration that Mr. Adom-Otchere violated several provisions of the Public Procurement Law, the Public Financial Management Law, and corporate governance principles during the procurement of the decorations in December 2021. The petitioner further sought an order for GACL to surcharge Mr. Adom-Otchere for the amount spent on the Christmas decorations. Additionally, the request encompassed urging CHRAJ to forward its investigative findings and recommendations for the prosecution of the accused to the relevant authorities.
Investigation Results
CHRAJ’s investigation, culminating in a report dated October 30, 2023, and signed by Commissioner Joseph Whittal, recognized a minor breach by Mr. Adom-Otchere. The specific breach involved the Board Chairman requesting an invoice from the supplier, Favors and Arts, in the joint names of himself and GACL. However, the Commission found no substantial evidence supporting broader allegations of violations against Act 663 or corporate governance principles.
In light of the investigation’s outcomes, the CHRAJ report brings clarity to the alleged misuse of taxpayer funds for Christmas decorations at GACL and provides insights into the actions taken by the Board Chairman during the procurement process.
In a report dated October 30, 2023, and signed by Commissioner Joseph Whittal, CHRAJ acknowledged a minor breach by Mr. Adom-Otchere.
Specifically, it noted that he had requested an invoice from one of the suppliers, Favors and Arts, in the joint names of himself and GACL. Despite this breach of Act 663 being termed as minor, CHRAJ emphasized that such actions were not in alignment with the stipulations of the law.
However, the Commission found no substantiated evidence to support the broader allegations against Mr. Adom-Otchere, specifically that he had violated other provisions of Act 663 or breached principles of corporate governance.
said: “Our investigations did not reveal that the respondent breached several provisions of Act 663 as amended. The procurement of the Christmas inspirations was done by the management albeit with some active participation by the respondent in the sense that he requested an invoice from one of the suppliers, Favors and Arts.”
This invoice was issued in the joint names of the respondent and the GACL. As the provisions of Act 663 do not require that invoices be submitted in the personal names of Board Chairmen of state-owned enterprises, we agree that was a breach of Act 663 albeit minor.
Apart from this, we did not find that the respondent breached other provisions of Act 663 as amended. We also find that the respondent breached some but not several provisions of corporate governance in some roles that he played in the procurement of the inspirations and his appearance via media on media matters relating to the procurement.
requesting for invoices and his appearances in the media in respect of matters involving the GACL of which he is the Board Chairman.
It does not augur well for good corporate governance.
We recommend that the respondent should restrain himself from interfering in the work of management and restrict himself purely to his prescribed functions as Board Chairman, CHRAJ explained.
This verdict, outlined in CHRAJ’s comprehensive report, provides a resolution to the claims made against the Board Chairman in relation to the procurement processes for Christmas decorations at GACL in 2021.
