Former NDA CEO, two deputies convicted over procurement breaches

The High Court in Tamale has convicted four individuals, including former National Development Authority (NDA) Chief Executive Officer Sumaila Abdul Rahman, for breaching procurement procedures in a case prosecuted by the Office of the Special Prosecutor (OSP).

However, the court dismissed the corruption-related charges against the accused persons while upholding the charges relating to procurement breaches.

The four convicts were each fined 1,000 penalty units for every count on which they were found guilty. The fines imposed on each individual are to run concurrently.

In explaining its decision, the court said it had considered the mitigating circumstances presented by defence counsel before opting for financial penalties rather than immediate custodial sentences.

The court noted that the convicts did not benefit financially from their conduct, adding that the OSP had intervened promptly to stop the payment and prevent financial loss to the state.

It also considered the advanced age of two of the convicts, identified in the case as A1 and A4, as part of the mitigating factors informing the sentences.

The ruling means the convicts will face imprisonment only if they fail to pay the fines imposed by the court.

The court outlined the fines imposed on each convict and the consequences of failing to pay.

• A1: Fined 1,000 penalty units each on counts one and two. Failure to pay will attract four years’ imprisonment with hard labour on each count, with the sentences running concurrently.

• A2: Fined 1,000 penalty units each on counts one, four, five and six. Failure to pay will attract four years’ imprisonment with hard labour on each count, with the sentences running concurrently.

• A3: Fined 1,000 penalty units each on counts one and eight. Failure to pay will attract four years’ imprisonment with hard labour on each count, with the sentences running concurrently.

• A4: Fined 1,000 penalty units each on counts one and ten. Failure to pay will attract four years’ imprisonment with hard labour on each count, with the sentences running concurrently.

The concurrent nature of the default sentences means the terms imposed for multiple counts are not intended to be served consecutively.

The ruling draws a distinction between the procurement-related offences for which the four individuals were convicted and the corruption-related charges that the court dismissed.

The prosecution was conducted by the Office of the Special Prosecutor, which intervened to stop the payment associated with the case and prevent a loss to the state, according to the court’s explanation.

Although the four individuals face substantial fines for the procurement breaches, the court’s decision means custodial sentences will arise only if they fail to meet their financial obligations under the ruling.