After testifying that US$80 million out of the US$200 million for the Saglemi Housing was paid by late Enoch Teye Mensah, also known as E.T Mensah, it has come to light that the prosecution’s first witness (PW1), Reverend Stephen Yaw Osei, has no personal knowledge of the entire housing project.
According to Rev. Osei, Chief Director of the Ministry of Works and Housing’s testimony before the Accra High Court, he was never involved in the project, therefore, his evidence is based on the documents that he has seen.
The court, presided over by a justice of the Court of Appeal, with an additional responsibility of the High Court, Dr Ernest Owusu Dapaa, heard on Tuesday that the witness was never involved in the implementation of the project.
The witness was testifying under cross-examination by Godwin Edudzi Tamakloe, Counsel for second Accused (A2), Dr. Kwaku Agyeman-Mensah, a former Minister for Works and Housing.
PW1 told the court that he also does not know the roles played by some key people who were in employment with the project consultant, AESL, as well as the ministry, despite knowing them either by their full names, first names or surnames.
Rev. Osei said he did not know that one of the officers, Eric Amankwah Junior, whom he has personal and working relationship with, was the Schedule Officer at the Ministry of Finance on the Saglemi housing project.
To test the evidence of the witness and find out whether the prosecution had done a proper investigation before charging his client and others in the U$200 million Saglemi project, read from a document disclosed by the Attorney-General’s office.
The said document was a statement given by one Eric Victor Aryeetey Ansah, a Deputy Director of AESL, to the Forensic Unit of the Criminal Department (CID) of the Ghana Police Service.
In the document that portions were read to the witness, Mr Ansah had stated that when preparing the Interim Payment Certificates (IPCs), the Consultant deduct the requisite amounts out of the advanced payments and attached same to other documents, making it a voluminous documents with progress photographs.
Although the witness claimed lack of knowledge about the said statement, denied that there were IPCs attached to the voluminous documents.
E.T Mensah was a former Minister for Works and Housing and his immediate successor was Alhaji Collins Dauda, and then Dr Agyeman-Mensah, who, together with two others, are facing 70 charges of wilfully causing financial loss to the state, issuing false certificate contrary to Sections 1 and 2 of the Government Contracts (Protection) Act, 1979, AFRCD 58 and dishonestly causing loss to public property contrary to Section 2 (1) of the Public Protection Act 1977 (SMCD) 140 and intentionally misapplying public property.
The others, Alhaji Ziblim Yakubo, a former Chief Director of the same Ministry and Novi Tetteh Angelo (A5), the Chief Executive Officer and owner of Ridge Management Solutions Ghana Limited.
The accused persons were five in all, but one, Andrew Clocanas, then Executive Chairman of Construtora OAS Ghana Limited, is deceased.
Cross-examination
Q. Rev at the last sitting you confirmed the fact that $80m out of the $200m was paid when the Hon ET Mensah was the minister?
A. Correct.
Q. Now do you by chance know any architect by name BasseyAku who played a role of the project architect on the Saglemi Housing project?
A. I know Blassey, but I am not sure of the surname who worked with AESL. However, I am not sure of the role he played in the Saglemi housing project.
Q. Are you also aware that, Architect Bassey Aku was one of the officers who appeared before the financial forensic unit of the CID. Are you aware?
A. I’m not aware. What I know is that some officials on AESL were invited for questioning but I cannot say Bassey is part.
Q. I’m suggesting to you that architect Bassey was one of the persons invited by the CID?
A. I have already told this court that some officials of AESL were invited, but I cannot vouch that Architect Bassey was among those invited.
Q. Are you aware that when Architect Bassey went before the police CID, he gave a statement dated September 14, 2020, where upon he told the police that as the project architect, they were doing quality assurance of the works on site, supervision of work, the presentation of weekly reports with the milestones reports, which were all sent to the ministry?
A. I’m not aware. But some reports as I have told this court in the form of certificates and others came to the ministry, but that was signed by Mr Satchel and not Architect Bassey.
Q. Satchel was the head (MD) of AESL where Architect Bassey works. Correct?
A. Yes.
Q. In fact, are you aware that Architect Bassey in his statement to the police indicated that they worked on the project from the beginning to December 2016, and that they prepared monthly reports detailing work done and progress reports with photographs that were sent to the ministry?
A. AESL was one of the consulting firms of the implementation of the Saglemi housing project from the beginning. As for the reports by architect Bassey, as to whether they did a good job or not I was not there. But my lord in effect, whatsoever came out of that project, was to give a line of the Escrow Management Agreement.
Q. So I understand you to say that you are aware that progress reports prepared by AESL were sent to the ministry. Yes or no?
A. I’m not aware.
Q. And are you aware that this report contained various work done?
A. I have tendered in evidence one of the reports, which is in evidence in this court. If I can have that document.
Q. Now do you know Eric Victor AryeeteyAnsah?
A. I know one Mr Ansah who was deputy Director of AESL. I don’t know if he is the one.
Q. Do you know as a deputy director of AESL, he was also the project coordinator for the Saglemi Housing project?
A. I don’t know.
Q. Do you also know on the September 8, 2020, he gave a statement to the financial forensic unit of the CID?
A. I don’t know.
Q. I’m suggesting to you that the said Eric Victor Ansah gave a statement to the police CID on September 8, 2020?
A. I’m not aware.
Q. Are you aware that in this statement to the police CID, Mr Eric Victor AryeeteyAnsah as the project Coordinator stated “I signed the interim payment certificates together with the project Quantity Surveyors (QUSR) together with the MD of AESL . After the project (QUSR) were evaluated by the contractor”. This was the statement of the coordinator when he faced the police?
A. I’m not aware.
Q. I’m suggesting to you that in a statement given by Eric Victor AryeeteyAnsah, he stated that “when preparing the IPCs we deduct the requisite amounts of the advanced payments as shown on the list attached,” contrary to your testimony before this court that the advance payment is not deducted.”
Prosecution: Objection
Our objection is that counsel is quoting verbatim from a document, which is not in evidence. The witness has informed this court in earlier question posed to him that he is not aware of the document he (counsel) is quoting from and since the document is not in evidence, he can’t be quoting verbatim. He is must find a better way to find the document in evidence so that he can properly use it.
Counsel: I’m doing two things, defending and also undermining the work of the prosecution. This document was in the discovery given to us by the prosecution. Section 74…this is prosecution is not persecution…
By Court: The objection raised by prosecution to overrule the immediately preceding question goes to the legal effect of section 74 & 75 of the Evidence Act 1975 NRCD 323.
According to section 74(1), in examining the witness concerning a writing, it is not necessary to show, read, or disclose to him any part of the writing. Sub section 2, if the witness is not a part, all parts to the action shall be given if they chose to inspect the writing before any questions concerning would be asked the witness.
According to section 55 in examining the witness in signing a statement or other conduct by him that is in consistent with any part of his testimony with the trial, it is not necessary to disclose to him any information concerning the statement or other conduct.
According to the law Reform Commission whose work complement NRCD 323, who report…by virtue of the Interpretation Act, 2009 Act 792, recourse can be in order to contextualised the proper understanding of the scope, relevant and accurate.
The rationale behind section 74 & 75, essentially, cross examination should have an element of right to elicit the truth from the witnesses. However, if the statement…is attacking the credibility of the witness, fairness demands that the witness be given the opportunity to explain…as section 76…
In the instant case, counsel for A2 is quoting a statement from a document, which was made available during discovery, but same has not yet been rendered by prosecution. The witness certainly has the opportunity to answer the question or even suggest an answer. A citation to be shown the particular document allaimed at advancing the truth and projecting the credibility. See the cases of Kudai against the Republic (1976).
In the Circumstances the objection is overrated, the witness must answer the question.
Statement to the police
Repeat questions
Q. I’m suggesting to you that in a statement given by Eric Victor AryeeteyAnsah, he stated that “when preparing the IPCs, we deduct the requisite amounts of the advanced payments as shown on the list attached,” contrary to your testimony before this court that the advance payments were not deducted?
A. I still maintained that the advanced mobilization was not deducted and subsequent IPCs raised, and my lord, I earlier requested for a document that Thaddeus Sory tendered in evidence that those monies were not deducted.
Q. I’m suggesting to you that in this statement by Eric Victor AryeeteyAnsah to the police CID dated September 8, 2020 it states “the IPCs come as voluminous documents with progress photographs.”
A. The IPC were to follow instructions in the EMA. In the EMA when the contractor raised the certificate, it has to state in clear terms the milestones achieved that is specific on work done and its corresponding amount to pay.
And the EMA made it clear that a copy of a sheet detailing the milestones and progress of work achieved must be part of the IPCs but my lord, looking through those voluminous documents and IPCs to the ministry, you don’t find those documents (The sheets on the EMA that details the milestones archived).
The IPCs are also silent on the percentage of work done or milestones with the corresponding amounts paid to the contractor. It only states the amount of money to be paid to the contractor.
Court:..
A: It is a template from the EMA and the document state clearly that anytime IPCs are to be presented to the ministry that template should be completed and attached to the IPCs before it is presented to the ministry. Unfortunately, there is nothing like that from the documents we received from the contractor.
Court: So who is to liaise with the commission to ensure the documents are intact?
A. The contractor, the consultant and also the ministry of Water Resources, Works and Housing.
Cross examination continues
Q. Before this court I’m suggesting to you that you have not put these voluminous interim payments certificates before the court. Correct?
A. Copies of those documents were presented to the lawyers for the prosecution.
Q. You have testified in this court that when the IPCs are forwarded to the ministry of finance, no further validation takes place. Do you still standby that testimony?
A. Yes.
Q. Are you aware that before payments are effected there is a desk officer at the Ministry of Finance who does the validation before payment is effected?
A. Yes, at the Ministry of Finance, all ministries have desk officers who worked on documents from the respective ministries so before the Hon. minister for finance will authorize payment, that officer may work to raise memos.
Q. And what the desk officer or schedule officer does is to validate the payment requests before?
A. I don’t understand what he means by validation, what I know is that from the EMA it is stated clearly that the contractor, OAS the ministry was the account holder and the account is at BoG and the EMA stated further that the milestones agreed between the parties (contractor, consultant and the minsters).
The ministry of work and housing is supposed to do the internal test to make sure that milestones achieved and raised by the contractor through the consultant correspond to the actual work done on the field.
Q. Rev. as far as the Saglemi housing project is concerned, you have testified in this court that you were not personally involved until after December 2016 when there was a change in government?
A. I have never been involved in the implementation of the project.
Q. I’m suggesting to you that your testimony in this court is limited to only the documents that you have seen. Correct?
A. Yes.
Q. Do you know, any officer (Scheduled Officer at the Ministry of Finance by name Eric Amankwa?
A. Yes I know Eric Amankwaah, but I didn’t know he was working as a schedule officer.
Q. From your testimony can you tell the court how well you know the said Eric Amankwa?
A. I have known Eric for a very long time. He used to be a macho man. He actually introduced me to the gym and we worked on the documentation of the theAkyimOda Water project.
Q. Eric Amankwah Junior never informed you that he was the schedule officer at the Ministry of Finance on the Saglemi housing project despite this long relationship you have with him?
A. No.
Q. Okay. I am suggesting to you that his main duty is the schedule officer… to validate and process certified drawn from the Ministry of Water Resources Works and Housing ?
A: I’m not aware.
Q. Are you aware that the dropped down requests are usually sent to the Bank of Ghana either by the Minister for Finance or the Chief Director of the Ministry of Finance on behalf of the minister. Are you aware?
A. I’m not aware.
Q. I’m putting it you that prior to you testifying before this court, you never found out how the drop down request are processed to the bank of Ghana ?
A. I work with the ministry of work and housing and I’m concerned with what happens at that ministry.
