Posted
on: www.dailyguideghana.com
By
William Yaw Owusu
Monday,
May 29, 2017
Infraloks Development Limited (IDL), the local company cited
in the $4 million National Communications Authority (NCA) alleged looting case,
has complained about how the Authority sidelined it in the execution of the
contract that brought in ‘spying and phone
tapping’ gadgets from Israel for the National Security Secretariat (NSS).
IDL Sidelined
According to George Oppong, who represented
IDL in the $8 million deal and was said to have benefitted from the alleged scandal,
indicated that he was sidelined in the execution of certain aspects of the
contract and was contemplating suing the NCA.
“IDL was not involved in the operational side of the
transaction for what was said to be genuine national security reasons,” he said
in a rejoinder.
“IDL believes in due process in the democratic dispensation
and accordingly have our lawyers in readiness to, in due course, assert my
rights and those of the company under the contract with the Republic through
the appropriate lawful forum, should same become the inevitable resort.”
The contract was meant to buy
‘spying and phone tapping’ equipment for the National Security Secretariat, but
$4 million out of the total contract sum
of $8 million ended up in private accounts, with $1.5 million of the money
allegedly going to the former NCA board of directors who were appointed by the
Mahama-led National Democratic Congress (NDC) government.
NSO Group Deal
Information Minister Mustapha Hamid has already said that John Mahama’s administration had contracted
NSO Group Technology Limited of Israel to supply eavesdropping gadgets worth $6
million and the equipment were meant to help the government monitor the calls
of suspected terrorists.
However, in the course of the transaction, according to the information
minister, a local agent – Infraloks Development Limited – headed by George
Oppong, charged $2 million as facilitation fee, bringing the total amount to $8
million instead of $6 million.
Mr. Oppong in his explanation in the rejoinder, stated that
there is a binding contract executed on December 17, 2015 between IDL and the
NCA as well as between NSO Group Technologies Limited of Israel.
He confirmed that the contract sum total was $8 million and
that $6 million was to be due to NSO with certificate of end-user from the Ministry
of Defence of Israel, adding that “The duties and responsibilities of NSO and
IDL were clearly embodied in the contracts with minimal role by the NCA
representing the Republic of Ghana as the end-user.”
Aggura
Connection
Mr Oppong said, “Initially, the payment to NSO by IDL was to
be made minus a commission agreement to be paid by IDL to another Israeli
company – Aggura - but amendments by way of addendum to the original contract
with NSO required full payment to NSO and for NSO to deal directly with Aggura.”
He said that the NCA did make a first tranche payment of
$4,000,000 in accordance with the terms of the contract with it (NCA) and they
followed the agreed payment terms in the contract.
According to Mr. Oppong, although the NCA had taken delivery
of the gadgets and promised to supply IDL with Customs documentation covering
the delivery of the hardware equipment as agreed between the IDL and the Bank
of Ghana, “NCA has since June 2016 when it cleared the equipment, not provided
the Customs documentation covering the clearance to IDL, despite persistent
demand.
“After the clearance, IDL facilitated a visit of a team of
technicians from NSO to Ghana to install and commission the system, and that I
was informed, two weeks later, by NCA that the installation and the
commissioning of the system had been completed.”
Operational
Side
“It is significant to note that IDL was not involved in the
operational side of the transaction for what was said to be genuine national
security reasons, informing the bank’s requirement for written confirmation by
NCA to IDL on completion of each phase of the project,” he said.
Mr. Oppong maintained, “In spite of this, it would be
discovered that NCA, curiously, had written only to the bank and NSO to
confirm, among others, delivery of equipment and installation of same by NSO.”
The local representative underscored that the sponsor (NCA),
“In the meantime, sought through its signatory to the contract and obtained
sums in amounts allowed by forex transaction regulations and same reaching a
cumulative gross amount of about $1,500,000.”
Strange
Transfers
“I have informed the authorities that out of the total
amount of $4,000,000, NCA transferred to IDL $1,000,000; was successfully
transferred to NSO. NCA’s signatory to the contract has sought and obtained a
cumulative gross of about $1,500,000 and that IDL still held $1,500,000 which
NSO’s portion could not be transferred for the stated reasons.”
According to Mr. Oppong, although NCA informed NSO through
IDL that it had paid $2,000,000, the NSO continued to demand payment from IDL
for completion of the second phase of the project using and relying on a letter
from NCA to NSO which maintained that “the installation and commissioning phase
of the project was complete, and that NSO insists that payment obligations were
undertaken by IDL, threatening a suit as the overdue amount is subject to a
late payment fee at a daily rate of 0.04%.
“I am very disappointed to discover, courtesy the National
Security Minister, in the most shocking fashion that contrary to
representations by NCA, including via said letter of June 10, 2016 from NCA to
NSO that the system was sitting in someone’s garage.”
He said details about the transaction had been made
available to the BNI “in utmost good faith and without prejudice as I give my
fullest cooperation in its investigations.”
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