The Office of the Special Prosecutor (OSP) has announced measures to reclaim GHS125 million from Strategic Mobilisation Ghana Limited (SML) after discovering that the company got overpayments from the state.
Mr. Kissi Agyebeng, Special Prosecutor, indicated during a news conference in Accra on Thursday, October 30, that the amount indicates SML’s unlawful enrichment through mostly automatic payments that were unrelated to performance.
According to the OSP, SML lacked the ability and capacity to provide the transaction audit and external pricing verification services for which it was hired, and failed to submit invoices accompanied by verified reports.
The examination indicated that the payment structure for downstream petroleum audits enabled SML to obtain fees without providing commensurate services. Furthermore, fluctuating percentage-based payouts generated incentives to exaggerate data, resulting in increased unjustified payments.
The OSP stated that the GHS125 million recovery number was derived using the legal principle of quantum meruit, which assures that a party that obtained an unfair benefit pays it to prevent unjust enrichment, even in the absence of a valid contract.
The move is part of the OSP’s larger efforts to hold individuals and organizations accountable for financial losses incurred by the state, as well as to improve transparency and integrity in public procurement processes.
