Government’s termination of its agreement with Power Distribution Services (PDS) has led the opposition National Democratic Congress (NDC) chanting ‘prosecution! prosecution!
Following the termination of the concession agreement on Sunday, government has explained that as at March 2019, when the deal was sealed, PDS had not presented any valid demand guarantees.
Addressing the press on Monday, the NDC 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 other 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 for willfully causing financial loss to the state.”
Shouting “We Told You So”, the NDC has stressed that the lawyers had recommended that due diligence is conducted on PDS before signing the contract but the Akuffo-Addo government failed to heed to the counsel given by Hunton and Williams LLP, Transaction Advisors to the deal.
General Secretary of the NDC, Johnson Asiedu Nketia lectured on how this law is a fitting instrument to punish persons linked to the PDS scandal.
He further explained four conditions provided by the Supreme Court judge, Justice Kwame Afreh.
There must be a financial loss before a person can be charged for willfully causing financial loss to the state, Asiedu Nketia said.
“We are clear beyond a reasonable doubt that financial loss has occurred.”
Pointing to the failure of government to conduct due diligence on PDS before signing the agreement, Asiedu Nketia said 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 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 popularly known General Mosquito said.
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 charged the Attorney-General and Ministry of Justice, Gloria Akuffo to take responsibility for the prosecution.
He added that if the minister finds prosecuting members of government a difficult task, she should consider “getting out of the kitchen if is too hot.”