The Ad Hoc Committee of parliament that investigated the intended procurement of Sputnik V vaccines by the Ministry of Health from a Dubai-based Russian middleman has recommended in its report that the Minster of Finance, Mr Ken Ofori-Atta, “takes steps to recover the money due the Republic in respect of the amount of US$2,850,000.00 (Cedi equivalent of GH¢16,331,640.00) being the cost of the Sputnik V vaccines that were proposed to be procured”.
In portions of the report seen by Class News, the Committee said it discharged its mandate by “diligently” examining the two agreements as well as “written and oral evidence on the subject within the parameters of the seven terms of reference and the timelines given by the house”.
The Committee said it found that the Ministry of Health did not comply with the requirements of Article 181(5) of the Constitution in respect of its Agreement with Messrs Al Maktoum.
“The Minister said that he did that because of the exigencies of the time when COVID-19 posed public health crisis with highest fatalities and there was urgent global search for vaccines and at that material time the agreements were signed, all government-to-government sources had failed as the bilateral sources had communicated to the Ministry that they would only be able to deliver in August 2021”, portions of the report said.
It added: “Suffice to say that the bilateral sources did not include Russia since Ghana had no such arrangement with Russia”.
“The agreements ensuing from the negotiations have been submitted to the PPA for ratification, the Committee determined that the agreements were entered into without prior approval by the PPA under Sections 40 and 41 of Act 663. Indeed, at the time of completing its work, PPA was yet to do the ratification”.
RECOMMENDATIONS
Issues Relating to Article 181(5) of the Constitution
The Committee is of the opinion that even if the situation in the country at the time the Agreement was signed, was that of an emergency, due process of law should have been followed because Parliament would have treated the issue with the urgency it deserved and the appropriate action would have been taken accordingly. The Agreement would have been taken under certificate of urgency in accordance with the Standing Orders and the practices of the House.
The point must also be made that, even if it was an emergency, the Minister should have found time to communicate effectively and engage with the Committee on Health. The extensive engagement would have saved the Ministry from the negative reactions from the citizenry and some Members of Parliament.
The Committee therefore recommends that, in future, any such transaction, whether local or international, be subjected to broader stakeholder consultations and should be taken through due process of law including Parliamentary approval. Other Ministries, Departments and Agencies (MDAs) should take a cue from the recommendation, not only in the case of Agreements but also on issues relating to policies and programmes to be implemented.
Issues relating to the Procurement Process
The Committee found that the Ministry of Health did not seek approval from the Board of PPA under Sections 40 and 41 of Act 663 before signing the Agreements. It applied for ratification under Section 90(3) (c) of the Act. For the avoidance of doubt, Section 89(1) provides as follows ‘’The Board may appoint a person to conduct an investigation into a matter related to the conduct of procurement proceedings by a procurement entity, or the conclusion or operation of a procurement contract if it considers that an investigation is necessary or desirable to prevent, or detect a contravention of this Act’’. Section 90 of Act 663 as amended sets out the procedures on completion of an investigation caused by the Board of the Authority. Specifically, Section 90(1) provides that “An investigator shall forward a copy of the investigation report to the Board”. Section 90(3) provides that “The Board shall, if satisfied that there has been a contravention of a provision of this Act or any other enactment in relation to procurement proceedings or procurement contracts, take action to rectify the contravention which action shall include
(a) Annulment of the procurement proceedings;
(b) Cancellation of the procurement contract;
(c) Ratification of anything done in relation to the proceedings; or
(d) A declaration consistent with the relevant provisions of this Act.”
CONCLUSION
The Committee has discharged its mandate by diligently examining the two Agreements, written and oral evidence on the subject within the parameters of the seven Terms of Reference and the timelines given by the House.
As already stated, the Committee found that the Ministry of Health did not comply with the requirements of Article 181(5) of the Constitution in respect of its Agreement with Messrs Al Maktoum. The Minister said that he did that because of the exigencies of the time when COVID-19 posed public health crisis with highest fatalities and there was urgent global search for vaccines and at that material time the Agreements were signed, all government to government sources had failed as the bilateral sources had communicated to the Ministry that they would only be able to deliver in August 2021. Suffice to say that the bilateral sources did not include Russia since Ghana had no such arrangement with Russia.
The Agreements ensuing from the negotiations have been submitted to the PPA for ratification, the Committee determined that the Agreements were entered into without prior approval by PPA under Sections 40 and 41 of Act 663. Indeed, at the time of completing its work, PPA was yet to do the ratification.
The Committee urges the Minister for Finance to take steps to recover the money due the Republic in respect of the amount of US$2,850,000.00 (Cedi equivalent of GH¢16,331,640.00) being the cost of the Sputnik-V vaccines that were proposed to be procured.
The Committee, by consensus, recommends to the House to adopt this Report.
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