Paul Adom-Otchere, the Board Chairman of the Ghana Airport Company Ltd (GACL) has been ordered not to interfere with the day-to-day administration of the company.
In a decision dated October 30, 2023, the Commissioner of the Commission of Human Rights and Administrative Justice (CHRAJ), Joseph Whittal, further ordered Paul Adom-Otchere to leave the administrative role to management of the Ghana Airport Company Ltd (GACL).
It also came up that the actual value of the Christmas inspirations was GH¢128,000 and not GH¢118,000 as alleged by Paul Adom-Otchere.
Paul Adom-Otchere abused his office
The decision comes after the commission concluded in its investigations that Mr Paul Adom-Otchere abused his office as the Board Chairman of the Ghana Airport Company Ltd (GACL) when he interfered in the procurement of Christmas inspirations by Management of GAGL in 2021.
“The interference of Mr Otchere in the procurement of Christmas trees by the GACL and communications by him were contrary to the principles of corporate governance”, the Commissioner said in a 55 page report.
Summary of key findings
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The Respondent did not state on the 7 January 2022 edition of the “Good Evening Ghana” programme on Metro TV that he used public funds to procure Christmas inspirations.
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The Respondent did not state that he invited two (2) vendors to submit quotations.
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The Respondent did not invite suppliers to submit quotations.
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The Respondent did not receive quotations amounting to GHS118,000.00.
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The Respondent partly interfered in the procurement of Christmas inspirations by the GACL in 2021 by making demands for Invoices.
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The interference by the Respondent in the procurement of Christmas inspirations by the Management of GACL in 2021 amounted to abuse of office.
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The Respondent communicated in the media on matters relating to the procurement of the Christmas inspirations by the GACL.
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The interference of the Respondent in the procurement of Christmas trees by the GACL and communications by him were contrary to the principles of corporate governance.
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The GACL has over the years from 2018 to date been renting Christmas inspirations without recourse to the Procurement Act, 2003(Act 663) as amended.
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The Christmas inspirations for 2021 were valued at GHS128,000.00 and not GHS118,000 as alleged by the Respondent.
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The transaction was split into two (2) contrary to the provisions of Act 663 as amended.
Other orders against Paul Adom-Otchere
Additionally, Mr Paul Adom-Otchere, has been ordered to desist from using the media as a means of commenting on Ghana Airport Company Limited (GACL) procurement issues either in his personal capacity or as Board Chairman as long as he remains on the Board of GACL.
GACL has, therefore, been ordered to apply the provisions of the Act in renting Christmas inspirations and any other renting situations they may engage in.
These were the outcome of a petition filed by Sacut Amenga-Etego.
Petition against Paul Adom-Otchere
In the petition dated January 31, 2022, Amenga-Etego alleged procurement breaches and the abuse of office against Mr Paul Adom-Otchere in the procurement of the Christmas inspirations worth GH¢128, 000 by GACL in 2021.
As part of his reliefs, the complainant wanted a declaration that the Mr Paul Adom-Otchere breached several provisions of the Public Procurement Law, the Public Financial Management Law and principles of corporate governance in the procurement of Christmas tree decorations in December 2021;
“An order directed at the Ghana Airports Company Ltd (GACL) to surcharge the Respondent for the amounts involved in the procurement breaches and to recommend his removal as Board Chairman; and “A reference by the Commission to the appropriate authorities of its investigations and recommendation for the prosecution of Mr Otchere,” the petitioner stated in his petition.
“A reference by the Commission to the appropriate authorities of its investigations and recommendation for the prosecution of Mr Otchere,” the petitioner stated in his petition.
CHRAJ clears Paul Adom-Otchere on allegation of breaching several provisions of Act 663
In its report, CHRAJ said its investigations did not reveal that Mr Paul Adom-Otchere breached several provisions of Act 663 adding: “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 for an Invoice from one of the suppliers, Favors and Arts”.
On the second relief, CHRAJ said its investigations did not reveal that Mr Paul Adom-Otchere benefited in any way from the breaches that occasioned the procurement of the Christmas inspirations.
Accordingly, the commission said there was no justifications to make a surcharge order directed at him and recommending his removal as Board Chairman.
“Our investigations have also not revealed any facts pointing to any criminal offence committed by the Respondent.
“For that reason, we are unable to refer him to any authority for further investigations. We do not find any merit in recommending him for prosecution by the Attorney-General. In effect, we are unable to grant relief three.
CHRAJ Decision
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The GACL should henceforth apply the provisions of the Public Procurement Act, 2003(Act 663) as amended in the renting of Christmas inspirations and all renting situations it may engage in.
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The Respondent should desist henceforth from commenting on procurement issues in the ent shild desist he either in his personal capacity or as Board issues in the GACL in the media either in his personal capacity or as Board Chairman so long as he remains on the Board of the GACL.
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The Respondent should desist from interfering in the day-to-day administration of the GACL and leave same to management.
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The Public Procurement Authority should take steps to cause the amendment of Act 663 to clearly include an interpretation of the terminology “procurement”
Content by: Justice Agbenorsi
