$3.6bn judgement debt looming over Boankra Terminal contract termination – Ablakwa hints

The Member of Parliament (MP) for North Tongu, Samuel Okudzeto Ablakwa, has said that the government of Ghana is about to be hit with a $3.6 billion judgment debt due to the cancellation of a contract for the construction of the Boankra Integrated Logistics Terminal (BILT) in the Ashanti Region.

According to the MP, the Minister for Transport, Kwaku Ofori Asiamah, disregarded a parliamentary resolution for the construction of the $330 million terminal and even terminated the concession agreement without recourse to parliament.

Ablakwa, who made these claims in a post shared on X on Tuesday, April 16, 2024, said that the transport minister has failed to justify his action to the Attorney General after he was asked to respond to a petition against him on the deal and now because of his actions the country faces a threat of $3.6 billion judgment debt.

“The President’s sod cutting came after Parliament on the 14th of August, 2020 approved by resolution a Build, Operate and Transfer (BOT) Concessionary Agreement between the Government of Ghana and Ashanti Port Services Limited (a consortium of Afum Quality Ltd Ghana and DSS Associates of South Korea) for an amount of US$330,000,000.00 for the development of the Boankra Integrated Logistics Terminal.

“Documents I have intercepted from multiple official sources reveal that this parliamentary resolution has been flagrantly and violently flouted, particularly, by the Minister responsible for Transport, Hon. Kwaku Ofori Asiamah,” he said.

The MP added, “The transport minister after unanimously altering the parties to the parliamentary resolution without recourse to Parliament has subsequently proceeded to terminate the concession agreement, also without the consent nor approval of Parliament. This termination supposedly took effect from 5th August 2023.”

Ablakwa also alleged that the Ofori Asiamah, without the consent of parliament handed over the $330 million Boankra terminal contract to another company, Justmoh Construction Limited.

“The intercepted documents in my possession also confirm that the Transport Minister has in addition to all his rambo-style illegalities ensured that payment of a colossal US$33,300,000.00 equivalent to a staggering GHS449.5million has been made under extremely dubious circumstances to the Minister’s handpicked company -- Justmoh Construction Limited.”

He added, “Further investigations reveal that Justmoh was selected and paid over GHS400 million without regard to the procurement laws of Ghana.”

The MP shared supposed documents on the contract's termination and the re-award of the contract for the construction of the terminal.

View the MP's full post plus the documents below:

THE BOANKRA LOOTING DISASTER AND THE LOOMING US$3.6BILLION JUDGEMENT DEBT
[PART 1]

Why is the Akufo-Addo/Bawumia government engaged in another round of sleazy recklessness which would potentially saddle Ghana with a scary judgement debt of some US$3.6billion?

On the 5th of November, 2020, President Nana Addo Dankwa Akufo-Addo cut sod for construction of the $330 million Boankra Integrated Logistics Terminal (BILT) in the Ashanti Region.

The President at the sod cutting assured the nation, including His Royal Majesty, Otumfuo Osei Tutu II who was the special guest of honour that the Boankra project will be completed in 2023.

The President’s sod cutting came after Parliament on the 14th of August, 2020 approved by resolution a Build, Operate and Transfer (BOT) Concessionary Agreement between the Government of Ghana and Ashanti Port Services Limited (a consortium of Afum Quality Ltd Ghana and DSS Associates of South Korea) for an amount of US$330,000,000.00 for the development of the Boankra Integrated Logistics Terminal. (See parliamentary resolution attached).

Documents I have intercepted from multiple official sources reveal that this parliamentary resolution has been flagrantly and violently flouted, particularly, by the Minister responsible for Transport, Hon. Kwaku Ofori Asiamah.

The Transport Minister after unanimously altering the parties to the parliamentary resolution without recourse to Parliament has subsequently proceeded to terminate the concession agreement, also without the consent nor approval of Parliament. This termination supposedly took effect from 5th August, 2023. (See confirmation of Minister’s termination attached).

The Minister for Transport’s preference for a company known as Justmoh Construction Limited which is unknown to Parliament under the approved BILT resolution is most bizarre.

All parties have informed me, without contradiction, that Justmoh Construction Limited was a direct imposition by the Transport Minister. I have seen board minutes to this effect.

The stark irony is that this is the same government currently prosecuting the Hon. Collins Dauda, Hon. Dr. Kweku Agyeman-Mensah and others for allegedly reviewing a parliamentary resolution on the Saglemi Housing Project without an amendment or approval by Parliament.

Why is the Transport Minister, regardless of ongoing prosecutions of political opponents, unilaterally amending and disregarding a parliamentary resolution with utter impunity?

Tomorrow is indeed pregnant.

The intercepted documents in my possession also confirm that the Transport Minister has in addition to all his rambo-style illegalities ensured that payment of a colossal US$33,300,000.00 equivalent to a staggering GHS449.5million has been made under extremely dubious circumstances to the Minister’s handpicked company — Justmoh Construction Limited. (More details on this in Part 2)

Further investigations reveal that Justmoh was selected and paid over GHS400 million without regard to the procurement laws of Ghana.

Indeed, the Transport Minister concedes in his termination confirmation letter of November 21, 2023 that he will now ensure “Ghana Shippers takes the necessary processes to regularize the re-engagement” of Justmoh.

As could be predicted, these grave violations have now become the subject of fierce internal wrangling with the parties (Ashanti Port Services Limited and the Minister’s Justmoh Construction Limited) currently slugging it out at Arbitration.

Further checks establish that the Transport Minister has been unable to justify his actions as a request from the Attorney General to him to respond to a petition against the Transport Minister’s conduct dated December 19, 2023 remains contemptuously ignored. (See Attorney General’s letter attached).

Meanwhile, it has also emerged through additional documentation I am reviewing that the preparatory works carried out by the Transport Minister’s handpicked company, Justmoh, do not guarantee value for money. Consistent with the pattern of inflationary opaque costing under this administration, US$36,222,140.64 is the bill for payment with even more payments being requested. (This latest “create, loot and share” scheme will be explored in much detail later).

Work on the strategic Boankra Integrated Logistics Terminal (BILT) project has now come to a halt because of the self-inflicted mess created by the Akufo-Addo/Bawumia government. (See letter from Justmoh’s lawyers confirming challenges with continuing the project, as attached).

Field inspection confirms that all works on the Boankra site have come to a halt.

Instead of Ghana and the good people of the Ashanti Region finally accomplishing the long-awaited dream of Boankra to spur industrialization and job creation, we are ending up with an abandoned project, avoidable litigation and a looming judgement debt of US$3.6billion as Ashanti Port Services Limited is demanding. A totally avoidable massive financial loss to the state.

NPP insiders familiar with this latest scandal say the Boankra Looting Disaster just like the infamous Akufo-Addo’s Cathedral Project missed out and were not trackable by government’s recently launched performance tracker because of the embarrassing levels of shadiness, arm-twisting and greed; and this is despite the President’s promise before the venerable Otumfuo of a 2023 completion.

What at all can this government get right?

On Thursday, I shall be back with Part 2.

For God and Country.

Ghana First.

… value for money. Consistent with the pattern of inflationary opaque costing under this administration, US$36,222,140.64 is the bill for payment with even more payments being requested. (This latest “create, loot and share” scheme will be explored in much detail later).

Work… pic.twitter.com/mLvMI6rhLg

— Sam Okudzeto Ablakwa (@S_OkudzetoAblak) April 16, 2024