Former Attorney-General (A-G), Godfred Yeboah Dame, has said the new Attorney-General, Dr. Dominic Akuritinga Ayine, can pursue the case of causing financial loss to the state due to a contract awarded by the defunct Ministry of Sanitation and Water Resources.
This is to facilitate the state’s recovery of funds paid to the contractor for the project which was awarded but was not fully executed.
The contract was signed during the tenure of former sector Minister, Cecilia Abena Dapaah, who has been accused by private legal practitioner, Martin Luther Kpebu, of causing financial loss to the state.
“You know she awarded another contract that is bringing a lot of problem? –filtration of water from the sea around Teshie, it’s a big problem. Godfred Dame sat on it. It’s A-G’s opinion, where Cecilia Dapaah awarded a contract, the contract wasn’t executed, causing financial loss [to the state],” he disclosed on The KeyPoints on March 15.
According to the legal opinion cited by Onuaonline.com, Madam Dapaah, in her capacity as Minister of Sanitation and Water Resources entered into a supply contract with Aqua Africa Limited in August 2019 under a “Works and Maintenance Service Framework” for the installation, commissioning and maintenance of 450 Integrated R1 nano filtration units with AQtap payment systems to be situated at 450 sites or locations within five selected regions in Ghana.
The 30 million euros contract sum was supposed to be completed in 18 months. But, prior to the execution of the project, the parties renegotiated for a change in the scope of the service by reducing the 450 nano filters to 150 and the construction of 12 small towns water supply systems were included.
However, after making significant prior payments to the contractor in question, the work was not executed to the tune of the amount paid.
“Indeed, the Contractor has been paid a total of Thirteen Million, Forty Thousand, Three Hundred and Ninety-Seven Euros and Ninety-Three Cents (EU 13,040,397.93), but has only executed approximately 7.16% of the Works under the Contract. Regulation 30(2) of the Public Financial Management (Public Investment Management) Regulations, 2020 (L.I. 2411) provides that in the case of an unsolicited investment project which is a public private partnership or concession, the proposal shall demonstrate innovation, and shall not place onerous conditions on Government,” Mr Dame wrote.
Subsequently, the Ministry of Sanitation and Water Resources sought the opinion of the Attorney-General and Minister of Justice at the time, Godfred Yeboah Dame.
According to the legal opinion dated March 04, 2024, and signed by Mr. Yeboah Dame, the Ministry of Sanitation and Water Resources did not exercise due care in the award of the contract.
“Finally, we wish to comment on the conduct of the Ministry in this transaction. It appears that the Ministry did not exercise due care and diligence and violated a number of administrative procedures when binding the State to the Contract.
“A contract of that value should have been reviewed by this Office to prevent any exploitation by the Contractor. The disingenuity of the Contractor was aided by the lack of diligence by the Ministry, and the failure of the Ministry to consult this Office is what resulted in the unfortunate exploitation and financial loss to the State.
“The actions of the Ministry may amount to causing financial loss to the State under Section 179A of the Criminal Offences Act, 1960 (Act 29),” Mr Dame wrote.
He proceeded to explain circumstances under which financial loss to the state may occur.
“Section 1 79A.- Causing loss, damage or injury to property:
(1) A person who by a wilful act or omission causes loss, damage or injury to the property of a public body or an agency of the Republic commits a criminal offence.
(2)A person who in the course of a transaction or business with a public body or an agency of the Republic intentionally causes damage or loss whether economic or otherwise to that body or agency commits a criminal offence.
(3) A person commits a criminal offence through whose wilful, malicious or fraudulent action or omission (a) the Republic incurs a financial loss, or (b) the security of the Republic is endangered.”
But according to Mr. Kpebu, who appeared on the KeyPoints on TV3 Saturday, March 15, 2025, the then Attorney-General was expected to initiate the process of retrieving the money, but instead, only provided an opinion that the money should be returned to the state.
He emphasised that the Attorney-General’s opinion alone was insufficient, and concrete action should have been taken to recover the funds.
“Right now the contractor has our money and has six cars. The sanitation agencies [are] asking that they should bring back the cars and all of these Godfred Dame sat on them, he didn’t reveal that to the public. He gave an opinion that we should recover our money from them. Why didn’t Godfred Dame sue whilst his government was in power?” he quizzed.
When contacted by OnuaOnline for his take on the development, the former Attorney-General, Godfred Dame, urged the current A-G to take the matter up saying it is not late to do so.
“It is not too late. The new Attorney-General can take it up,” Dame stated.
Meanwhile, Kpebu is expressing shock over the former A-G’s refusal to initiate processes to retrieve the money despite admitting that the contract has not been fully executed.
“He’s signed an opinion that what Cecilia Dapaah did in that contract was bad, the contractors have our money and yet he did not sue to recover. He gave an opinion that the money should be returned. If you say money should be returned and it was not returned what do you do? you sue yet Godfred Dame didn’t sue,” he stated, assuring the public that the issues relating to Cecilia Dapaah are not over.
“We are not done with Cecilia Dapaah at all.”
The full opinion by the former A-G detailing the contract and how the former Minister caused financial loss to the state can be accessed here.
‘Dame doesn’t know his mandate’ – Sammy Gyamfi takes on A-G over advice on Cecilia Dapaah’s saga
