The High Court in Accra has struck out the charges and all records in the trial against a former Minister of Water Resources, Works and Housing, Alhaji Collins Dauda, and three others.
Consequently the court, presided over by Justice Ernest Owusu-Dapaah, has discharged Alhaji Dauda and three others who had been charged with wilfully causing financial loss to the state, misapplying public property, issuing false certificates and dishonestly causing loss to public property in the Saglemi Housing project.
This comes after the prosecution, led by a Principal State Attorney, Hilda Craig, notified the court of the prosecution’s decision not to continue the case.
Not guilty
In August 2021, the former minister, his successor, Dr Kwaku Agyeman-Mensah; the Chief Director at the ministry from 2009 to 2017, Alhaji Ziblim Yakubu; a director of RMS, the Engineering, Procurement and Construction (EPC) consultancy subcontractor, Nouvi Tetteh Angelo, pleaded not guilty to the charges against them and were admitted to bail in various sums under various conditions.
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The charges include wilfully causing financial loss to the state, misapplying public property, issuing false certificates and dishonestly causing loss to public property.
Alhaji Dauda was on currently on a self-recognisance bail.
Dr Agyeman-Mensah and Alhaji Yakubu were granted bail in the sum of $65 million each with three sureties.
Angelo, on the other hand, was admitted to bail in the sum of $13 million with three sureties.
Prosecution’s facts
The former Attorney-General (A-G), Godfred Yeboah Dame, said in August 2012, the then President, John Dramani Mahama, granted Executive approval to the Ministry of Housing for the construction of 5,000 affordable housing units to be known as the Saglemi Affordable Housing Project.
The housing units, to be executed by Construtora OAS Ltd, were to be sold to workers through mortgage arrangements provided by the then Ghana Home Loans Company.
Mr Dame said the project was funded by Credit Suisse, following parliamentary approval.
Review
Mr Dame said on February 27, 2014, Dauda, without parliamentary approval, reviewed the EPC agreement and signed both the original and the revised (restated) agreement with Construtora OAS, represented by Clocanas.
The revision allegedly changed the scope of works and the application of the $200 million approved by Parliament, the A-G said.
Disbursement
Credit Suisse, he said, disbursed the $198 million ($200 million less fees and transaction expenses) into the Escrow Account and the 40 per cent advance payment to Construtora OAS was effected on February 27, 2013.
He said the contractor failed to apply the amount towards the intended purpose.
“On December 21, 2016,” he said, “Yakubu again reviewed the original and revised (restated) agreement and signed them (second and his revised or restated), without recourse to Parliament.”
That led to a further reduction in the scope of works to 1,412 housing units at a revised price of $181 million and extended the completion period to July 31, 2017, the A-G alleged.
The prosecution further alleged that series of payments were made to the contractor and sub-contractors for no work done.
