Asiedu Nketia gives govt legal tips on how to prosecute officials over PDS deal

The opposition National Democratic Congress (NDC) has begun chanting ‘prosecution’, ‘prosecution’ as government has terminated its agreement with Power Distribution Services (PDS), which managed the country’s power supply.

Following the termination of the concession agreement, government has explained, PDS presented no valid demand guarantees at the time the deal was sealed in Mach 2019.

Shouting “We told you so’, the opposition party has stressed that the Akufo-Addo government failed to heed to the counsel given by Hunton and Williams LLP, Transaction Advisors to the deal.

The lawyer had recommended that due diligence is conducted on PDS before signing the contract.

The NDC at a press conference Monday called for the resignation or dismissal of the Energy Minister Peter Amewu and Finance minister Ken Ofori-Atta as well as “the prosecution of all officials who played a role in this stinking scandal.”

The party would not give names of officials it believes should be charged but it did offer a law for prosecution – “willfully causing financial loss to the state.”

NDC General Secretary Johnson Asiedu Nketia lectured on how this law is a fitting instrument to punish persons linked to the PDS debacle.

He explained four conditions provided by Supreme Court judge, Justice Kwame Afreh.

For a person to be charged for willfully causing financial loss to the state, there must be a financial loss, the NDC General Secretary said.

“We are clear beyond a reasonable doubt that financial loss has occurred,” he said.

Secondly, a person must have acted or failed to act, he said and pointed to the failure of government to conduct due diligence on PDS before signing the agreement in March.

Thirdly, there must be a causal link between the negligence of the official and the loss that has occurred.

“In this case too it is very, very clear. It is government’s failure to do due diligence that led to the transfer of ECG assets in the first place”, he said.

Lastly, the person acting must have known that these are the likely consequences of his actions or omissions, the politician popularly known as General Mosquito said.

In this condition too, the NDC General Secretary said, “the Board members of ECG knew they were taking unreasonable risks.”

The NDC demanded a forensic audit of the PDS concession to unearth persons who played a role in this “embarrassment” so they can be prosecuted.

Johnson Asiedu Nketia identified the Attorney-General and Ministry of Justice as the office responsible for the prosecution and charged its head, Gloria Akuffo.

He said if the minister finds prosecuting members of government too difficult, she should consider “getting out of the kitchen if is too hot.”


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