Private legal practitioner Oheneba Adusei-Poku has issued a legal opinion challenging KPMG's assertion that the GRA-SML contract lacked parliamentary ratification.
Adusei-Poku argues that Parliament essentially ratified the deal through the approval of the Ministry of Finance's budgets in accordance with the Public Financial Management Act, 2016 (Act 921).
Contrary to KPMG's findings, Adusei-Poku contends that similar contracts have proceeded without parliamentary ratification, citing provisions in the Public Financial Management Act.
He emphasizes that Act 921 aims to regulate public sector financial management within a macroeconomic and fiscal framework.
Adusei-Poku highlights that Act 921 prohibits covered entities from entering agreements that bind the government for more than one financial year without approval. He refutes claims that the state has suffered financial losses, emphasizing that SML is only compensated when revenue is generated through closing loopholes.
In response to KPMG's report, Adusei-Poku meticulously cites Ghanaian laws to support his argument, asserting that KPMG's position is inaccurate.
