Special Prosecutor’s corruption risk assessment of Agyapa deal

The Special Prosecutor, Martin Amidu’s corruption risk assessment into the controversial Agyapa Royalties deal has been made public weeks after it was submitted to the Office of the President.

In his risk assessment, Mr. Amidu among other things raised concerns with the entire deal and processes prior to its approval by Parliament.

“All the parties to the Mandate Agreement are deemed to have known the law but ignored it with impunity in signing and implementing the Mandate Agreement which is null and void ab initio as violating the Public Financial Management Act, 2016 (Act 921) and the Public Procurement Authority Procurement Act, 2003 (Act 663) as amended,” Amidu said in the report.

The Special Prosecutor also raised concerns with the appointment of transaction advisors for the deal.

He said laid down processes were sidestepped in the appointment of a transaction advisor.

“The absence of any evidence of the approval of the Mandate Agreement by Parliament under Article 181(5) of the Constitution makes the appointment of the Transaction Advisors also unconstitutional, null and void, and sins against any positive analysis of the risk of corruption, and anti-corruption assessment in their handling of the Transactions.”

Mr. Amidu said his office submitted the conclusions and observations of the report to the President, Nana Addo Dankwa Akufo-Addo and the Finance Minister, Ken Ofori-Atta two weeks ago.

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