Legal expert Austin Kwabena Brako-Powers has urged the government to resolve all issues related to potential conflicts of interest concerning the reported high bid score of Engineers and Planners in the Damang Mines acquisition process.
He stated that the primary concern is not which company won, but whether the entire procurement procedure was lawful, transparent, and free from improper influence.
He emphasized that public resource concessions, especially in the mining industry, must strictly follow due process, transparency, and fair competition, given their importance to the national economy.
Mr. Brako-Powers remarked that while Engineers and Planners reportedly achieved a score of 93.15 percent in the evaluation, that figure alone does not conclude the legal examination of the process’s integrity.
“The crucial question is whether the process itself was credible and defensible,” he stressed, noting that public confidence relies not only on results but also on the manner in which those results are obtained.
He also highlighted the involvement of Ibrahim Mahama, the brother of former President John Dramani Mahama, as raising valid perception issues, even without any proven misconduct.
“In law, perception is nearly as significant as reality,” he remarked, clarifying that any semblance of undue influence could jeopardize trust in the process.
He thus questioned whether there was any direct or indirect political influence, whether all bidders were treated equitably, and whether the evaluation criteria were consistently applied throughout.
Mr. Brako-Powers cautioned that failing to adequately address these concerns could lead to legal challenges from competing firms and diminish public trust.
He added that the government’s final decision, which is anticipated to be based on the Lands Ministry’s Tender Review Committee report, must adhere to constitutional standards of accountability and fairness.
To maintain credibility, he urged the government to release the complete evaluation report, subject the process to independent oversight or audit, and explicitly address all conflict-of-interest issues prior to making a final decision.
Additionally, he requested a well-reasoned and transparent explanation of how the successful bid was determined, emphasizing that such transparency is essential to reassure Ghanaians that the nation’s natural resources are being managed in the best interest of the country.
