Ghana must include explicit anti-corruption clauses in all future power purchase agreements and energy procurement contracts. This measure would allow the state to terminate deals where bribery or other corrupt practices are established, according to Samuel Bekoe, Executive Director of the Centre for Extractives and Development Africa.
Mr. Bekoe’s proposal follows the recent conviction in the United States of Asante Kwaku Berko, a former Goldman Sachs banker and ex-Tema Oil Refinery Managing Director. Berko was found guilty of a bribery scheme connected to securing approvals for a Ghanaian power project involving AKSA Enerji. This conviction highlights the urgent need to strengthen Ghana’s power-sector contracting and procurement framework.
This initiative would move anti-corruption safeguards beyond general criminal law. It would embed them directly within the commercial agreements governing major electricity projects. The proposal addresses a critical vulnerability in Ghana’s economic landscape, where power agreements often bind governments to substantial financial commitments over many years. If corruption allegations emerge after a contract is signed, explicit termination rights would significantly strengthen the state’s negotiating and enforcement position.
“It’s an opportunity for us to introduce this seriously,” Mr. Bekoe stated. “We have to bring in and have a clear anti-corruption rule within the contract so that in case there is any investigation that finds any corruption in there, we will have the opportunity and the mandate to either cancel or end business with any competitor who may have engaged in bribery or corruption.”
Beyond anti-corruption clauses, Mr. Bekoe also advocates for enhanced transparency requirements. These should be built into both power purchase agreements and the procurement processes used to select companies for major energy projects. Stronger disclosure would empower public institutions and citizens to scrutinize agreements before financial obligations become entrenched, preventing potential abuses.
“Clear anti-corruption rules, transparency rules within our power purchase agreement, and also our procedures leading to selecting a company to build our power plant as well, which is the procurement process,” he emphasized. This comprehensive approach aims to foster a more accountable and equitable energy sector.
The Economic and Organised Crime Office (EOCO) has already begun tracing transactions, beneficiaries, assets, and proceeds linked to Berko’s suspected criminal conduct. EOCO plans to pursue recovery action where evidence supports it and the law permits. This ongoing investigation underscores the real-world impact of corruption on Ghana’s public finances.
The Berko case has reopened critical questions about how Ghana awards power contracts, especially during periods of electricity shortages. Governments often face intense pressure to procure generation capacity quickly in such times. Mr. Bekoe argues that the use of emergency procedures during past power crises weakened normal scrutiny and allowed critical governance safeguards to be bypassed.
He criticized the parliamentary oversight, stating, “You ask about Parliament, which is supposed to be the gatekeeper, did not play a very good gatekeeping role.” Mr. Bekoe believes Ghana should rely more heavily on long-term electricity demand projections. This would prevent waiting until shortages create pressure for emergency procurement, which often leads to less competitive and less transparent deals.
Emergency procurement can accelerate the delivery of generation capacity. However, compressed timelines can also reduce competition, limit due diligence, and weaken the ability of Parliament, civil society, and regulators to assess the long-term financial implications of agreements. This often results in the state assuming excessive risks and costs.
Mr. Bekoe also called for the publication of power purchase agreements. He rejected the routine use of commercial confidentiality as a justification for withholding contracts from public scrutiny. “I have gotten some of the PPAs and looked through them, and I don’t see any sensitive information in there,” he noted.
While there is a legitimate commercial argument for protecting genuinely sensitive information, such as proprietary technology and certain pricing details, blanket confidentiality is detrimental. It makes it difficult to determine whether procurement was competitive, whether the state assumed excessive risks, and whether contractual obligations represent value for money for the Ghanaian taxpayer.
The Berko case has also revived scrutiny of the underlying economics of Ghana’s power contracts. Benjamin Boakye, Executive Director of the Africa Centre for Energy Policy, has called for a review of the AKSA agreements and other power contracts. He argues that Ghana has sometimes contracted generation capacity it could not fully utilize, leading to unnecessary financial burdens.