As Many Conflicting Claims & Backdated Documents Emerge
The New Patriotic Party (NPP) Member of Parliament (MP) for Sekondi in the Western Region, Andrew Kofi Egyapa Mercer, who has been caught in a huge conflict of interest situation involving one of the five companies in the Electricity Company of Ghana (ECG) and Power Distribution Service (PDS) concession deal, could be hiding a lot of information from the people of Ghana.
Chief among what he could be hiding, is the true ownership of the TG Energy Solutions Ghana, which he last year told The Herald, he helped register for David Ofori-Asare at the Registrar General’s Department as his lawyer, and ended up becoming a director and secretary of the same company.The MP is on record with Sophia Kokor of Gabby Asare-Otchere Darko’s Danquah Institute and one Joseph Adjei-Banin.
Interestingly, The Herald, was to discovered that, although David Ofori-Asare was mentioned by Andrew Kofi Egyapa Mercer as the owner of TG Energy Solutions Ghana, Philip Ayesu, owner of the X-men Barbershop in East Legon, is on record at Registrar General’s Department, as holding the largest share of the company; 700,000 shares, while David Ofori-Asare, holds a paltry 300, 000 shares.
Both Andrew Kofi Egyapa Mercer and David Ofori-Asare, have worked for the owner of Zoomlion, Joseph Siaw Agyapong, and although David Ofori-Asare, has denied Mr Agyapong’s involvement in the ECG/PDS connection, many have said he is actually the real owner of TG Energy Solutions, which has 28 percent stake in PDS.
Santa Baron Ventures Ghana, GTS Engineering Ghana Limited, TBK Ghana Limited, Manila Electric of Philippines (Meralco) and Aenergia SA of Angola, hold the rest of the shares.
The private law firm of Andrew Kofi Egyapa Mercer on the 7th Floor of Heritage Tower off 6th Avenue Ridge West is the Principal Place of business and office location of TG Energy Solutions, which has its nature of business as Electricity Generation, Oil and Gas Distribution, Oil and Gas Services.
It is suspected that, a post office box CT2986 at Cantonment in Accra, captured in the registration documents of the linked TG Energy Solutions, is also owned by the private law office of Andrew Kofi Egyapa Mercer.
Indeed, he sat in Parliament on July 24, 2018 as a Parliamentarian to approve a transaction he stood to gain financially, and had forgone his oversight responsibilities as an MP to the people of Sekondi.
Andrew Kofi Egyapa Mercer, has given conflicting accounts of his involvement in the PDS scandal with respect to the conflict of interest raised against him.
Sometime he had claimed he wasn’t in Parliament during the Parliamentary approval, other times he had claimed he was in Parliament.
His third claim, has been that even if he was in Parliament on the day and voted during proceedings, his vote was of no effect to be cited for conflict of interest.
But the records from Parliament captured Andrew Kofi Egyapa Mercer as present in Parliament on the day and participated in the votes and proceedings that approved the deal in which TGEnergy Solutions Ghana, which he serves as lawyer, director, and secretary, stood to benefit and has been benefiting since March 1, 2019, when the company was handed over to PDS Concessionaires without providing a security guarantee and the annual equity investment of US$100 million.
Aside the ownership and shareholding of TG Energy Solutions Ghana, the involvement of Philip Ayesu, the role of David Ofori-Asare and whether the Zoomlion boss is connected to the company in anyway.
Another striking discovery made by The Herald, during its investigation into the PDS consortium was the date TG Energy Solutions was registered at the at Registrar General’s Department.
The Herald’s investigations confirmed that, TG Energy Solutions Ghana Limited was incorporated on June 25, 2014, and 41days later specifically on August 5, 2014, the Republic of Ghana and the United States of America (USA), acting through the Millennium Challenge Corporation (MCC) entered into a Millennium Challenge Compact.
The Tuesday, July 24, 2014 Parliament Hansard, confirms August 5, 2014 agreement between and Ghana and America and explained that “the Compact provides for a grant of up to US$498,200,000.00 to advance economic growth and reduce poverty in Ghana and commit Ghana and the MCC to a five-year economic development programme that will fund investments in the power sector of Ghana”.
David Ofori-Asare, had told The Herald that Philip Ayesu, was pulled into TG Energy Solutions, to take advantage of his political connections to the ruling Akufo-Addo family, as well as his heavy ties to the NPP, but the date of registration of the company, shows that the company was registered at the time when National Democratic Congress (NDC) was in office with John Mahama as President.
This suggests that the claim that Philip Ayesu’s connection to the TG Energy Solutions on the basis of his NPP connection could be untrue. The discovery also suggests that, the date of the company registration might have been back dated by Andrew Kofi Egyapa Mercer and David Ofori-Asare by the actual owners of the company. This means someone is not telling the truth about the company.
It is not certain if TG Energy Solutions, has any track record in the activities it listed as its area of business. Indeed, the PDS transaction, remains till date the company’s biggest ever business.
Again, the 41 days between the registration of TG Energy Solutions and August 5, 2014 agreement between and Ghana and America, suggest TG Energy Solutions, was privy to an insider information leading to the setting up of the company.
So either insider information led to the setting up of TG Energy Solutions Ghana Limited on June 25, 2014 to take advantage of the ECG Concession or the registration of the company was backdated to include Philip Ayesu, following the change of government from the NDC to NPP as David Ofori-Asare, had told The Herald.
Philip Ayesu is also a friend and a neighbour of Gabby Asare Otchere–Darko. He is currently a board member of the National Communication Authority (NCA) and had also been reported as serving on the NPP and Akufo-Addo 2016 Presidential Campaign team.
Philip is said to have brought the Filipinos, but both David Ofori-Asare and Joseph Kwabena Aidoo,’ the owner of Santa Baron Ventures Ghana, have separately told The Herald that they rather brought in the Manila Electric of Philippines (Meralco) and Aenergia SA of Angola.
Again, PDS uses Philip Ayesu’s office at 23rd Switchback Road at Cantonment, yet the TG Energy Solution, which he claims belongs to him, is located in the private law office of Andrew Kofi Egyapa Mercer.
Philip Ayesu is the board chairman of the PDS, despite TG Energy Solutions being the second largest shareholder in the concession. Meralco with 30 percent shares is not leading the consortium, despite the deal being Meralco-led deal.
Interestingly, the Zoomlion boss, Joseph Siaw Agyapong is also mentioned to have brought Meralco into the deal, with reports that one Filipino, who has been working with Zoomlion, has been sighted around the concession agreement.
The five companies involved in the consortium are Manila Electric (Meralco) of The Philippines, 30 per cent; Aenergia SA (Angola), 19 per cent; Santa Baron Ventures Ghana, 13 per cent; TG Energy Solution Ghana, 18 per cent; GTS Engineering Ghana Limited, 10 per cent, and TBK Ghana Limited, 10 per cent.
More to come!