Why Contractors and Suppliers Must Stay Prepared
Procurement and public contracts are at the centre of Ghana’s anti-corruption agenda. With Operation Recover All Loot launched by President Mahama and more than 200 corruption-related cases already opened, government agencies are actively auditing contracts and tenders. For contractors, suppliers, and foreign companies, knowing the common triggers of a procurement investigation can mean the difference between a quick resolution and a costly legal battle.
1. Inflated Pricing
One of the leading red flags is the perception of inflated contract pricing. If a project’s costs appear excessive compared to benchmarks or competing bids, regulators may suspect corruption, bid-rigging, or collusion. Contractors must be able to justify pricing with detailed breakdowns, market comparisons, and evidence of fair valuation.
2. Ghost or Incomplete Projects
Investigations often target contracts that were awarded but not delivered in full. Ghost projects — where funds are disbursed but no tangible work is completed — are a major focus of the state’s recovery efforts. Even where delays are legitimate, failure to document milestones and performance can lead to suspicion.
3. Irregular Tender Awards
Tendering processes that lack transparency or fail to follow the Public Procurement Act are high-risk. If procedures are bypassed, restricted tenders are abused, or evaluation reports are incomplete, oversight bodies may initiate a probe. Documentation of every stage — from submission to award — is critical.
4. Allegations of Bribery or Influence
Regulators are increasingly attentive to allegations that tenders were influenced by bribery, political interference, or insider dealings. Even unproven accusations can trigger full-scale investigations. Companies must prepare by maintaining strict internal compliance policies and records of clean procurement practices.
5. Donor-Funded Projects
Projects linked to international funding agencies or development partners often face dual scrutiny — both from Ghanaian regulators and the donor institutions. Contractors on such projects must anticipate higher levels of audit, reporting, and accountability. Failure to meet donor compliance standards can escalate into government investigations.
How Companies Can Respond
Facing an investigation does not mean wrongdoing is proven. The real challenge lies in responding quickly, strategically, and with a complete evidentiary trail. A company’s legal team should be able to:
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Compile all procurement documentation, tenders, and correspondence
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Review statutory obligations under the Public Procurement Act
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Prepare executives for regulator interviews and hearings
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Draft legal responses that assert compliance while protecting corporate interests
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Provide an authoritative legal opinion if allegations escalate
Why Clinton Consultancy
At Clinton Consultancy, we represent contractors, suppliers, and foreign firms in Ghana facing procurement and tender investigations. We prepare companies for regulator requests, issue legal opinions, and defend clients in litigation, arbitration, or parliamentary hearings. With direct senior partner involvement and cross-border expertise, we provide discreet and authoritative representation at the highest level.
Contact
If your company is facing a procurement audit or tender investigation, contact us for confidential legal advice:
amanda@clintonconsultancy.com
