Extract from the legal advice from BOST external lawyers through BOST Head of Legal Department dated 14 November 2017:
“We have not revised our view that Springfield Energy is smartly trying to blow hot and cold at the same time. We therefore stand by our professional advice given earlier that BOST should not cave in to the blackmail of Springfield to hand them underserved millions of dollars from the public purse.
The modus operandi of Springfield is not new. It has been so since the inception of this case.
Let Springfield boldly go to the court, prove their case in accordance with the law and let the court deliver its judgement. BOST will then have the option of satisfying the judgement or if it is unhappy challenge the judgement higher up.
That way it would be seen that BOST stood its grounds and fought a good battle to protect the public purse. That way nobody can accuse all those involved in the case of creating, looting and sharing.
This is our position on the matter”.
*The 3 million dollars payment*
So what at all motivated George Mensah Okley and John Kojo Arkoful to go ahead and paid *3 million dollars* to Springfield Energy in July and August 2018 in the face of this cogent legal advice in November 2017 strongly cautioned BOST against further payment to Springfield Energy?
*The position of the BOST Board in solving the problem*
According to reliable sources the Board itself is problematic because it is made up of some old people who cannot analyse issues themselves so whatever management of BOST tells them is fully accepted be it logic or not.
Others too have low self esteem and think that being on the Board is a favour so whatever some government officials tell them be it good or bad they must do it irrespective of the consequence.
Most of them also do not understand the duties and responsibilities imposed on them by common law, statutes and the 1992 constitution as Board of Directors. They do not know that they can be held criminally liable on this matter if they don’t take care.
Finally they don’t think about their integrity and reputation perhaps because of their low self esteem in the society.
For example the Executive Director of the State Enterprise Commission has no business sitting in the Board room to control the board meeting. If a bad decision is taken Asamoah Boateng will never be held responsible because he is not a director of the company.
It is expected that Ghanaians would at this time learn a lesson from Dr Pastor Mensah Otabil and Dr. Kwame Achampong-Kyei who had destroyed their integrity and reputation at the final stage of their lives. If they knew thst the consequence of their actions on their respective Boards could jeorpadise their hard won reputation in the society they would have been careful and honest to themselves.
*Culpability and recommendation*
1. It is very obvious from the facts available in the public domain that John Kojo Arkoful was well aware of the transaction at every stage but refused to advise George Mensah Okley meaning Arkoful had personal interest in the payment.
A strong board must suspend or interdict Arkoful immediately pending investigation.
2. George Mensah Okley rushed to pay such a huge amount within his first month in office without due diligent shows that he is either incompetent to head this national organisation or had personal interest in the payment.
A good board will send such a report to the President through chief of staff for them to take action which can be verbal warning or written warning. But in that case the President would know that the Board is firm and up and doing.
3. Springfield Energy had always known that they do not deserve that huge amount of USD 3 million equivalent to GHS 14.4 million from BOST but used John Kojo Arkoful and Harriet Amoah desire for corruption to take this money from BOST. Hence must be written to refund the money immediately without further delay. If he does not refund it within 7 days he must be arrested.
Citizens of Ghana