Ex-NDA Boss, two deputies and contractor escape jail despite conviction in procurement corruption case

The High Court in Tamale has convicted former Northern Development Authority (NDA) Chief Executive Officer Sumaila Abdul-Rahman, two of his former deputies and a private contractor over corruption-related offences involving government procurement contracts.

Despite finding them guilty, the court declined to impose immediate prison sentences, citing mitigating circumstances, including their advanced ages and the intervention of the Office of the Special Prosecutor (OSP), which prevented financial loss to the State.

Instead, the court imposed fines of 1,000 penalty units for each count of conviction, with a four-year prison term in default of payment.

The judgment was delivered on Friday, October 23, 2026, by Justice Eric Ansah Ankomah following a prosecution initiated by the OSP.

Four convicted over procurement irregularities

The convicted persons are Sumaila Abdul-Rahman, former Chief Executive Officer of the NDA; Stephen Yir-Eru Engmen, former Deputy Chief Executive in charge of Operations; Patrick Seidu, former Deputy Chief Executive in charge of Finance and Administration; and Andrew Kuundaari, Chief Executive Officer of A&QS Consortium Limited.

They were prosecuted over alleged irregularities in the award and administration of consultancy contracts under the government's Infrastructure for Poverty Eradication Programme (IPEP).

The court found the accused persons guilty on seven of the 11 corruption and corruption-related counts brought against them.

The offences included conspiracy to influence procurement processes to secure an unfair advantage in the award of contracts, unlawfully influencing procurement decisions, corruption by a public officer and corruption of a public officer.

How the GH¢5.72 million contract increased to GH¢10.4 million

The criminal proceedings followed investigations conducted by the OSP after a complaint was submitted by private legal practitioner Martin Kpebu.

According to an investigative report issued by the OSP on January 24, 2023, the case centred on a consultancy contract awarded to A&QS Consortium Limited for services connected with the implementation of IPEP projects.

The report established that the approved contract value of GH¢5.72 million had been increased to GH¢10.4 million, representing an upward adjustment of approximately GH¢4.68 million without the requisite legal authorisation.

Investigators also found that the contractor submitted invoices based on the increased contract sum.

The invoices reportedly resulted in payment approvals totalling GH¢8.33 million, exceeding the original approved contract amount by approximately GH¢2.61 million.

A further GH¢2.07 million remained outstanding when the matter came under investigation.

The OSP also identified irregularities in the manner in which the consultancy arrangement was handled.

In particular, the investigation found that Mr Engmen had purportedly accepted an offer from A&QS Consortium on behalf of the NDA for consultancy services involving engineering, design and supervision works, despite being aware that the necessary approval from the Public Procurement Authority (PPA) had not been obtained.

OSP intervention prevents financial loss

The Special Prosecutor's intervention became a significant consideration in the court's sentencing decision.

On July 1, 2022, the OSP directed the Controller and Accountant-General to suspend payments to A&QS Consortium under the disputed contracts while investigations continued.

Although the directive was later lifted in principle, the OSP instructed officials responsible for authorising payments to comply with the PPA's approval dated January 16, 2020, which fixed the contract sum at GH¢5.72 million.

The court found that the timely intervention had prevented unlawful payments under the contract, ensuring that the Republic did not suffer financial loss.

Court considers plea for leniency

Following the convictions, defence counsel Sylvester Isang appealed to the court to exercise leniency in sentencing the four individuals.

He urged the judge to consider their circumstances, particularly that they were first-time offenders.

In determining the appropriate punishment, Justice Ankomah considered the ages of the convicted persons and the fact that the OSP's intervention had prevented financial loss to the State.

The court consequently opted for financial penalties rather than immediate custodial sentences.

Each convict was fined 1,000 penalty units for every count on which they were convicted, with a four-year custodial sentence prescribed in default of payment.

The convictions conclude the prosecution at the trial court, subject to any appeal or other post-judgment proceedings that may subsequently be initiated.