Chief Executive Officer of the National Petroleum Authority (NPA), Godwin Edudzi Tameklo, has raised serious ethical concerns over alleged conflict of interest in the controversial revenue assurance contract between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Ghana Ltd (SML).
Mr. Tamaklo, while confirming his agency’s cooperation with the Office of the Special Prosecutor (OSP), said elements of the deal raise ‘curious’ ethical questions, particularly regarding the movement of key individuals between GRA and SML.
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“It appears that at the time the contract was consummated, the CEO of SML was a technical advisor to the GRA. One would want to know the nature of disclosures made in relation to our conflict of interest laws. How do you go from advising a contracting authority to leading a company that benefits from that contract?” he stated.
Speaking on TV3’s The Key Points on Saturday, he cited Philip Mensah, a former Deputy Commissioner in charge of legal affairs at GRA, who is now reportedly a legal consultant for SML.
“It may not be illegal, but it certainly creates an impression that the contract may have been lined up in anticipation of these future relationships. Public servants are held to a higher standard. The appearance of impropriety alone can damage public trust,” Tameklo cautioned.
While refraining from making definitive judgments due to ongoing investigations, Edudzi Tameklo emphasised the need for transparency and ethical conduct in public procurement processes.
“We must avoid situations where Caesar’s wife is suspected. Public office demands that we stay above suspicion,” he warned.
He also referenced his own extensive experience litigating procurement matters in court, including the high-profile NCA case, where he defended clients charged under the Public Procurement Act.
“In that case, I argued that a mere breach of procurement procedures should not amount to a criminal offence unless a guilty mind can be proven. But the court disagreed and convicted my clients,” he explained.
Drawing on this background, the NPA boss questioned whether the alleged procurement breaches outlined in the KPMG audit report on the SML deal automatically amount to criminal conduct.
“We may need to revisit the Procurement Act. Is the mere signing of a contract without PPA approval enough for criminal liability? Or should we first exhaust the internal remedies, such as rectification or cancellation, before prosecution?” he asked.
He stressed that the ongoing investigation by the OSP into the SML deal must provide clear legal guidance on conflict of interest situations for public officials.
“Assuming this matter goes to court, it should serve as a guide to all of us in public office. The law must not only punish but also educate,” Tamaklo said.
The NPA CEO reiterated his agency’s full cooperation with the OSP and declined to delve into the full merits of the case, given the possibility of being called as a witness.
The OSP last week announced arrests in relation to the SML scandal, but civil society actors continue to demand that the matter be pursued to its logical conclusion in court.