SML Lawyer Denies Ken Ofori-Atta Ownership Link in Firm, Calls OSP Claims Baseless – Full Analysis

Discover the latest developments in the Strategic Mobilisation Ghana Limited (SML) OSP investigation, where attorney Cephas Boyuo refutes allegations tying former Finance Minister Ken Ofori-Atta to the firm. This guide breaks down the claims, defenses, and implications for transparency in Ghana’s public contracts.

Introduction

In a bold rebuttal amid the ongoing Office of the Special Prosecutor (OSP) probe into Strategic Mobilisation Ghana Limited (SML), the company’s lawyer, Cephas Boyuo, has firmly denied any ownership link between former Finance Minister Ken Ofori-Atta and SML. Labeling the OSP’s allegations as “unfaithful and deceptive,” Boyuo insists that SML operates independently, fully owned by Evans Adusei, with no political affiliations. This controversy stems from an investment assurance contract between SML and the Ghana Revenue Authority (GRA), raising questions about procurement irregularities and potential recoveries exceeding GH¢125 million.

The SML OSP investigation has captured public attention in Ghana, highlighting tensions between anti-corruption efforts and business operations in the downstream petroleum sector. This article provides a pedagogical breakdown, explaining key players, claims, and counterarguments to help readers understand the stakes in Ghana’s fight against corruption.

Analysis

The core of the dispute revolves around the OSP’s report, which scrutinizes SML’s GRA contract for revenue assurance services. The OSP highlighted procurement flaws and queried payments in the petroleum downstream monitoring domain. Central to their narrative was the suggestion of Ken Ofori-Atta’s potential interest in SML, implying conflicts of interest during his tenure as Finance Minister.

Cephas Boyuo’s Key Rebuttals

Boyuo challenged this directly, arguing that Ofori-Atta’s actions contradict any hidden ownership. Notably, SML imported equipment without tax exemptions, which Boyuo says the former minister explicitly denied. “Every apparatus that SML brought in, Ken Ofori-Atta refused to provide SML exemption. SML paid for everything,” Boyuo stated, questioning the logic of such denials if an ownership stake existed.

SML’s Ownership Structure

Emphasizing transparency, Boyuo clarified that SML is wholly owned by Evans Adusei through company earnings, free from political influence. This structure, he argues, underscores SML’s legitimacy as a private entity providing tech-driven revenue mobilization services to the GRA since 2017.

Critique of OSP Methodology

Boyuo accused the OSP of relying on “insinuations and assumptions” rather than hard evidence. He urged the agency to base findings on verifiable facts, criticizing phrases like “it appears as though” in official reports. This call for evidence-based investigations aligns with global standards for anti-corruption bodies, where speculation can undermine credibility.

Summary

To recap, Cephas Boyuo, SML’s attorney, categorically denies Ken Ofori-Atta’s ownership in Strategic Mobilisation Ghana Limited, dismissing OSP claims as baseless. Highlighting no tax waivers during Ofori-Atta’s term and full private ownership by Evans Adusei, Boyuo demands proof-driven probes into the GRA contract. The OSP’s investigation targets procurement issues and GH¢125 million in potential recoveries, but SML views these as reputation-damaging and unfounded.

Key Points

Practical Advice

For businesses like SML navigating government contracts in Ghana, this case offers actionable lessons. First, maintain meticulous records of all transactions, including import duties and tax payments, to counter conflict-of-interest claims. Second, establish clear ownership documentation early, such as shareholder registries filed with the Registrar General’s Department, to affirm independence.

Steps for Companies in Similar Probes

1. Document Compliance: Retain proof of full duty payments and regulatory adherence.
2. Engage Legal Experts: Lawyers like Cephas Boyuo can pivot defenses on factual inconsistencies in accuser reports.
3. Public Communication: Issue measured statements emphasizing evidence over emotion to protect reputation.
4. Audit Internally: Proactively review contracts for procurement best practices under Ghana’s Public Procurement Act (Act 663).

Public stakeholders, including taxpayers, should follow OSP updates via official channels to discern facts from rumors in the SML Ghana investigation.

Points of Caution

While the SML OSP investigation unfolds, exercise caution against unverified social media narratives linking politicians to private firms. Misinformation can erode trust in institutions like the GRA and OSP. Additionally, businesses must beware of over-reliance on government contracts without diversified revenue, as probes can halt operations.

Risks in Ghana’s Anti-Corruption Landscape

• Avoid informal ties with officials to prevent conflict perceptions.
• Do not assume exemptions; pay duties to build a defensible record.
• Monitor OSP reports closely, as they influence public procurement policies.

Comparison

Contrasting OSP claims with SML’s defense reveals stark differences. The OSP posits potential Ofori-Atta influence via ownership hints and procurement lapses, eyeing GH¢125 million recovery. SML counters with concrete examples—no exemptions granted—and ownership proof, framing OSP work as speculative.

OSP vs. SML: Side-by-Side

This table illustrates how SML’s evidence-focused stance challenges the OSP’s preliminary assertions, potentially shaping the probe’s outcome.

Legal Implications

The SML OSP investigation operates under Ghana’s Office of the Special Prosecutor Act, 2017 (Act 959), empowering the OSP to probe corruption in public finance. If proven, procurement irregularities could trigger clawbacks under the Public Financial Management Act, 2016 (Act 921), including the GH¢125 million targeted. However, Boyuo’s denials invoke principles of natural justice, requiring the OSP to substantiate claims beyond insinuations per administrative law standards.

No convictions exist yet; the probe remains active. SML risks contract termination if violations are confirmed, but successful defense could affirm its GRA role. Politically exposed persons like Ofori-Atta face enhanced scrutiny under anti-money laundering laws, though unproven links carry no immediate penalties.

Conclusion

The denial by SML attorney Cephas Boyuo of Ken Ofori-Atta’s ownership link underscores a pivotal clash in Ghana’s SML OSP investigation. By spotlighting factual defenses like denied tax exemptions and clear ownership, SML challenges the OSP to elevate its probe with irrefutable evidence. This saga reinforces the need for transparency in GRA contracts and robust anti-corruption mechanisms. As developments continue, stakeholders must prioritize verified information to safeguard public interest and business integrity in Ghana’s petroleum revenue assurance sector.

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