A preliminary investigation conducted by the Alliance for Social Equity and Public Accountability (ASEPA) has unearthed a sophisticated smuggling operation involving Marine Gas Oil (MGO) within Ghana’s fuel sector. This illicit activity, allegedly perpetrated by a syndicate of nine Oil Marketing Companies (OMCs), centers around the exploitation of tax exemptions granted to MGO designated for the fishing industry. These OMCs are accused of diverting substantial quantities of subsidized MGO intended for fishermen and selling it into the commercial market at full price, thereby illegally pocketing the tax differential of GHC2.39 per liter. This fraudulent scheme represents a significant loss of revenue for the Ghanaian government and underscores vulnerabilities within the fuel distribution and taxation system.

The scale of the alleged smuggling operation is substantial. ASEPA’s preliminary findings indicate that in 2023, approximately 83,690,000 liters of MGO were illicitly diverted, resulting in an estimated tax evasion of over GHC200 million. The problem appears to have escalated in 2024, with approximately 139 million liters of MGO being diverted, leading to an even greater tax loss exceeding GHC300 million. These figures highlight the significant financial implications of this illicit trade and the urgent need for decisive action to address the issue. The increasing volume of smuggled MGO suggests a growing boldness within the syndicate and a potential weakening of regulatory oversight.

ASEPA’s Executive Director, Mensah Thompson, has strongly condemned the alleged actions of the OMCs, accusing them of exploiting a system designed to support the fishing industry for their own personal gain. He emphasized that the tax component of GHC2.39 per liter, which is intended to be waived for fishermen, is instead being collected as pure profit by the smugglers. This practice not only deprives the government of crucial revenue but also undermines the very purpose of the tax exemption, potentially jeopardizing the livelihoods of those it was intended to benefit. The diversion of subsidized fuel likely creates an unfair competitive advantage for the implicated OMCs, potentially driving out legitimate businesses and distorting the market.

The investigation also raises serious concerns about potential complicity within regulatory bodies. ASEPA’s findings suggest the involvement of officials within the National Petroleum Authority (NPA) and the Ghana Revenue Authority (GRA), potentially indicating a breakdown in oversight and enforcement. The NPA is responsible for regulating the petroleum downstream industry, including the licensing and monitoring of OMCs, while the GRA is responsible for collecting taxes. The alleged involvement of officials from these institutions points to a possible systemic problem that requires thorough investigation and reform. It highlights the potential for corruption to undermine regulatory frameworks and facilitate illicit activities.

ASEPA is committed to ensuring accountability for this alleged crime. The organization plans to publicly release the full list of the implicated OMCs and submit a comprehensive report to the Office of the Special Prosecutor (OSP) for further investigation and prosecution. This report will include details of the alleged smuggling operation, the estimated financial losses to the government, and the names of all NPA and GRA officials suspected of involvement. By engaging the OSP, ASEPA aims to trigger a robust legal process that will not only hold the perpetrators accountable but also recover the lost revenue for the state.

The OSP, which has the mandate to investigate and prosecute corruption and corruption-related offences, will play a crucial role in pursuing justice in this case. Their investigation will likely delve deeper into the operations of the implicated OMCs, examining their financial records, fuel procurement and distribution practices, and any communication related to the alleged smuggling. They will also investigate the role of the implicated NPA and GRA officials, analyzing their actions and decisions to determine the extent of their involvement and whether they abused their positions for personal gain. The outcome of the OSP’s investigation will be critical in demonstrating the government’s commitment to combating corruption and ensuring the integrity of the fuel sector. It will also send a strong message to other potential perpetrators that such illicit activities will not be tolerated.

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