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The Attorney-General (A-G) and Minister for Justice, Dr. Dominic Akuritinga Ayine, has formally discontinued the trial of former Minister of Works and Housing, Alhaji Collins Dauda and three others, in the US$200 million Saglemi Housing Project case.
The notice of discontinuance, known as a nolle prosequi, was filed at the High Court in Accra on Monday, by Hilda Craig, Principal State Attorney (PSA), before Justice Dr. Ernest Owusu-Dapaa, a Court of Appeal judge, with additional High Court responsibilities.
This move is part of a series of case withdrawals the A-G has initiated since assuming office.
Background of the Trial
Before the trial’s discontinuation, the prosecution – under the previous government – had called two Witnesses: Reverend Stephen Yaw Osei, Chief Director of the Ministry of Works and Housing (PW1) and Eric Amankwah, Senior Economics Officer at the Treasury and Debt Management Division of the Ministry of Finance (PW2).
Rev. Osei testified that Architectural & Engineering Services Limited (AESL), the Consultants for the Saglemi Housing Project failed to ensure that Ghana received value for money.
He also stated that before Alhaji Collins Dauda and Dr. Kwaku Agyeman-Mensah were appointed as Ministers for Works and Housing, an amount of US$80 million had already been invested into the project.
Additionally, he noted that Collins Dauda did not issue an interim payment certificate during his tenure.
Mr. Amankwah, who served as the Schedule Officer for the 5,000-unit affordable housing project, explained that the government had secured a US$200 million loan from Credit Suisse International in 2013.
The financing deal was signed by then-Finance Minister Dr. Kwabena Duffuor and Chris Chapman.
Under the project’s Escrow Management Agreement (EMA), the Ministry of Works and Housing was designated as the developer and account holder, with Construtora OAS as the developer and the Bank of Ghana as the account bank.
According to Amankwah, AESL was responsible for verifying milestone reports and certifying payments to the contractor, OAS.
However, AESL allegedly failed to ensure that the necessary deductions – amounting to US$80 million or 40% of the contract sum – were made from advanced mobilisation payments.
The project involved multiple consultants, including AESL, VHM and Ridge Management Solutions (RMS), who were engaged through contracts signed in 2013 and 2015.
Payments to Contractors and Consultants were processed between 2013 and 2017, with the Ministry of Finance responsible for disbursing funds as outlined in the EMA, while the Ministry of Works and Housing handled contract negotiations and technical reviews.
The Charges
Collins Dauda, along with Dr. Kwaku Agyeman-Mensah, Nouvi Tettey Angelo (former Chief Executive Officer and owner of Ridge Management Solutions Ghana Limited) and Ziblim Yakubu (former Chief Director at the Ministry of Works and Housing) faced 70 charges.
These charges include wilfully causing financial loss to the state, issuing false certificates under the Government Contracts (Protection) Act, 1979 (AFRCD 58), dishonestly causing loss to public property under the Public Protection Act, 1977 (SMCD 140) and intentionally misapplying public property.
Andrew Clocanas, then Executive Chairman of Construtora OAS Ghana Limited, was also a accused in the case, but passed away in his Airport apartment.
The discontinuation of the case means all charges against the accused have been dropped, marking a significant turn in the legal proceedings surrounding the controversial housing project.
The post Trial of former gov’t officials: Collins Dauda also set free by Ayine appeared first on The Ghanaian Chronicle.
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