Former Director of the Ghana School of Law, Kwaku Ansah Asare, has urged Ghanaian judges to exercise analytical discretion when interpreting and applying the Public Procurement Act, especially in cases involving public officials.
Speaking on TV3’s Key Points on Saturday, June 28, Asare made the comment in response to the recent arrests of several former Ghana Revenue Authority (GRA) officials and individuals linked to Strategic Mobilisation Ghana Limited (SML) by the Office of the Special Prosecutor (OSP).
“Our judges must do a bit of analysis before implementing provisions of the Procurement Act because some of the things may not be offensive,” he said.
His remarks come amid an ongoing investigation into corruption and procurement breaches tied to revenue assurance contracts between GRA and SML.
The OSP last week arrested five individuals, including Evans Adusei, CEO of SML; Philip Mensah, former Deputy Commissioner (Legal) at GRA and now legal consultant to SML; Kofi Nti, former Commissioner-General of GRA; and Joseph Kuruk and Faustina Adjorkor, both from the Public Procurement Authority.
Three of the suspects were detained overnight after failing to meet bail conditions but were later granted bail, joining a growing list of high-profile figures implicated in the investigation.
Earlier, the OSP had also detained former GRA Commissioner-General Rev. Dr. Ammishaddai Owusu-Amoah, former Commissioner of Customs Isaac Crentsil, and former Technical Advisor Christian Tetteh Sottie — all of whom currently hold or have held key roles within SML.
Kwaku Asare cautioned against a one-size-fits-all application of the law, suggesting that some acts cited as breaches under the Procurement Act may be misclassified.
“Judicial application of the law must consider intent, context, and the nuances of public service operations,” he added.
