The Criminal Court 2 Division of the Accra High Court has given the Attorney General up to six weeks to file its disclosures in the Saglemi housing trial in which former Works and Housing Minister Collins Dauda and four others are being prosecuted for causing financial loss to the state.
Mr Dauda and Kweku Agyeman Mensah, also a former housing minister, appeared in court on Thursday, 5 August 2021 and were granted separate bail bonds.
Mr Dauda was granted a self-recognisance bail after pleading not guilty in the matter of causing financial loss.
Mr Agyeman Mensah and a third accused person, Alhaji Ziblim Yakubu, Chief Director of the ministry of housing, were granted bail of $65 million each.
Another accused person, Mr Andrew Clocanas, an Executive Chairman of Construction OAS Ghana Limited, was also admitted to a bail bond of $179 million with three sureties, one of whom should be a public servant.
A fifth accused person, Nouvi Tetteh Angelo, was also admitted to a bail bond of $13 million with three sureties.
Per the facts of the case presented by Attorney General Godfred Dame, Mr John Mahama, as president, granted an executive order for the construction of 5,000 affordable housing units in August 2012 at Saglemi in the Ningo Prampram the constituency of the Greater Accra region.
Parliament approved the deal, which had funding from Credit Suisse.
The houses were to be sold to workers through mortgage arrangements provided by the Ghana Home Loans Company as it was at the time.
A Brazilian company, Construtora OAS Ltd, was the contractor.
The AG said the borrower, the Ministry of Finance, and the lender, signed a facility agreement on January 4, 2013, for the release of $200 million to fund the construction of the 5,000 housing units, the day on which the housing minister also signed the EPC agreement with Construtora OAS, represented by Clocanas, the fourth accused.
According to the AG, the project was to be executed in four phases on 2,172 acres of land at a contract price of $200 million, including consultancy services.
An Escrow Management Agreement, a condition precedent to the release of the facility to the borrower, was also signed, under the facility and the EPC agreements, he said.
Mr Dame further stated that on February 27, 2014, Mr Dauda, without parliamentary approval, reviewed the EPC agreement and signed both the original and the revised (restated) agreement with Construtora OAS, represented by Clocanas.
The revision allegedly changed the scope of works and the application of the $200 million approved by Parliament.
This new agreement required the contractor to execute the project in three phases over a site of 1,272 acres, while the $200 million was now to be applied towards the execution of only the first phase of the project, comprising just about 1,502 housing units.
This was contrary to the executive and parliamentary approvals, as well as the facility and Escrow Management agreements.
On December 21, 2016, according to the facts, the Chief Director, Yakubu, again reviewed the original and revised the (restated) agreement and signed them (second and his revised or restated), without recourse to Parliament.
That led to a further reduction in the scope of works to 1,412 housing units at a revised price of $181 million, and extended the completion period to July 31, 2017, the prosecutor alleged.
After the hearing on Monday, 25 October 2021, the Minority Spokesperson on Health, Mr Kwabena Mintah Akandoh, told journalists: “I am saddened. It looks as if in our democracy, there is one particular set of rules for one particular people and there is another set of rules for other people”. “The Minister of Health publicly confessed before parliament that during the Sputnik V deal, he did not have approval from the cabinet and parliament.”
“I believe that they must hurry up and arraign him so that we will see that we are all treated fairly. But if it is heading t only one direction, that is unfortunate, unfair, and can be best described as witch-hunting. If we are pursuing justice, then the Minister of Health must also appear before the court.”