Lawyer Fingers Gov’t In Stinky PDS Debacle

Legal practitioner and NDC communicator, Edudzi Tamakloe

A member of the National Democratic Congress (NDC) Communication team, Godwin Edudzi Tamakloe, has stated the New Patriotic Party (NPP) government is complicit in the Power Distribution Services (PDS) stinky concession agreement.

Government’s decision, he said, to waive some conditions precedent and make them conditions subsequent, which included the bank guarantee makes the Nana Akufo-Addo administration a willing participant in the racket perpetrated.

“Government is not a victim but it appears to be an accomplice because the original agreement stipulated about 45 conditions precedent. These conditions precedent, PDS only fulfilled about 19,” he stated.

Edudzi Tamakloe who made this observation on Joy FM’s news analysis programme Newsfile, argued PDS was supposed to demonstrate adequate financial capability.

He said though the Concessionaire failed to invest an expected GH¢500 million into the operation of the Electricity Company of Ghana (ECG), it still won the contract.

“Government cannot therefore claim to have been defrauded,” he stated.

According to him, one of the key conditions precedents was for PDS to present a bank guarantee before taking over assets of the ECG.

“This was converted into an insurance guarantee. The government knew what it was getting into and hence cannot make the allegation of fraud.”

“When government signed the contract, it knew in fact that this was PDS’s position.”

“So to come out and create the impression, ‘at the time we signed the agreement we did not know in fact that what we were presented was not the true state of affairs’, that is what I am referring to, at that point, the government became an accomplice and not a victim,” he stated.

He averred that comments by Energy Minister John Peter Amewu that PDS perpetrated a fraud on the government in the transaction to take over the ECG are therefore misplaced and a complete hoax.

The Energy Minister had disclosed that elements of fraud were detected in the agreement after series of due diligence tests were subjected on security guarantee provided by PDS.

According to Mr. Amewu, there was fraud in executing the payment security, which was not conclusive and indicated that checks on PDS’ claims showed a breach in the payment security.

Government, he said, was therefore forced to suspend the agreement with immediate effect as a precautionary measure,

Deputy Energy Minister, William Owureku Aidoo, on the other hand claimed initial investigations suggested there was grand scheme to deceive the state.

The scheme, he stated, was not about just small boys trying to do something but a deliberate plot to hoodwink Ghanaians.

He noted that government was convinced PDS misrepresented some of the requirement for the takeover of ECG.

President Nana Addo Dankwa Akufo, while in Angola on a state visit, also told the Ghanaian community government suspended the agreement in the interest of the state.

The decision, he said, was to protect assets of the Electricity Company of Ghana (ECG), which is over US$3 billion.

The President also indicated government made suspension of the PDS deal public for the country to hold government accountable for its stewardship.

Lawyer Edudzi Tamakloe, however, argued these are attempts at damage control because the Akufo-Addo government and its officers are neck deep in the PDS fiasco and were indeed willing participants till their cover was blown wide open.



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