BNI Probe cleared Poku

A careful scrutiny of a Bureau of National Investigation (BNI) Investigation Report dated February 9, 2007, clearly indicates that the widely-publicised claim that Ms. Frema Busia, daughter of Ghana’s Second Prime Minister, Dr. Kofi Abrefa Busia (2nd Republic – 1969-72), is the “Legal Adviser to National Security” is unsustainable and without any material foundation.

Paragraph 10 of the Report under reference titled: “BNI INVESTIGATION REPORT ON ESTABLISHMENT OF SMALL ARMS COMMISSION”, underscored that the former National Security Minister, Mr. Francis Poku, during his interaction with the team of BNI investigators, “indicated that FREMA was never employed at the National Security Ministry as a lawyer or consultant. The Honourable Minister indicated further that subject never had any office at the National Security Council Secretariat (NSCS)”.

The former National Security Minister revealed that Ms. Busia only came to the NSCS for committee meetings as part of the preparatory work towards the setting up of the Ghana National Commission on Small Arms (GNACSA).

“The Hon. Minister was categorical that the Ministry’s relationship with FREMA cannot by any stretch of imagination be said to be contractual. He said further that for whatever work FREMA did at GNACSA, she was paid in full by the UNDP”, the BNI Investigation Report underscored.

According to the BNI Investigation Report, Mr. Poku in his narration, further intimated that Ms. Busia was introduced to him by Madam Ama Busia, a member of the Council of State in late 2002. Madam Ama Busia introduced her (Frema Busia) as a lawyer who could help in the re-building efforts of the nation if engaged in whatever capacity at the Ministry of National Security.

However, the Report said, according to the former National Security Minister, “when he assessed subject (Ms. Busia) he found her not suitable for a role at the National Security Ministry (NSM). He however tasked her to work with a small group that was working on the Task Force on Small Arms”.

Ms. Busia was subsequently housed at a guest house belonging to the National Security Ministry, the BNI Report disclosed.

After the preparatory work, the Small Arms Task Force was reconstituted into the Ghana National Commission on Small Arms (GNACSA) and transferred to the Ministry of Interior.

When the BNI Team of investigators reached Mr. Kan-Dapaah, then Minister of Interior for his comment on the secondment of Ms. Busia to his outfit, he revealed that he came to meet Ms. Busia already at post as Chief Executive of Small Arms Commission before he took charge of the Ministry. According to Mr. Kan-Dapaah, Ms. Busia claimed that she had been seconded to the Commission by National Security Council (NSC).

“When questioned on whether the Ministry had a letter from NSC on subject’s attachment, Hon. Kan-Dapaah indicated that he had not chanced on any such letter. Hon. Kan-Dapaah further indicated that the subject worked with the Ministry of Interior for a particular period which ended in March 2005 and that subject in the course of the period earned monthly salary paid by United Nations Development Programme (UNDP)”, the BNI Report underscored.

Another person ‘interrogated’ by the BNI was Deputy Minister of Interior, Mr. Agyeman-Manu who told the Team of Investigators that Ms. Busia once told him (Agyeman-Manu) that “though she was given a letter seconding her to the NSC, Hon. Poku refused to accept her at the place”.

Mr. Manu indicated that Ms. Busia was so peeved that she once wept in his office when she went there to discuss issues pertaining to her appointment. He perceived that she was frustrated by Mr. Poku’s refusal to accept her at the National Security Ministry.

Mr. Agyeman-Manu, according to the BNI Report, pointed out that Ms. Busia earned a monthly salary for her period she worked with the GNACSA and yet kept pursuing the NSC for salaries meant for the period that she worked with the Ministry.

“This, Hon. Manu described, as unacceptable”, indicated the Report in paragraph 18, Page 8.

The then Acting National Security Co-ordinator, Jones S. Afari, on his part, largely corroborated the narration of the then Minister for National Security, Mr. Francis Poku. Afari, according to the Report, “indicated that most documents that are said to be in the possession of FREMA in support of her case are forged. Afari was categorical in the fact that FREMA was never employed at NSC Ministry as she did not have an office at the establishment”.

Lt. Col. William Azure Ayamdo, who was then on secondment at the NSC, told the BNI Investigators that Ms. Busia assisted in putting up proposals towards the establishment of the GNACSA based on her legal background but not as an employee of NSCS; in that subject (Ms. Busia) had no office at the NSCS”.

He revealed that Mr. Poku had earlier introduced Nana Frema Busia to him (Lt. Col. Ayamdo) “as someone that he (Hon. Poku) would want to be involved in the GNACSA project given her legal background”.

While conceding that he was not privileged to know the authority that attached Ms. Busia to the GNACSA under the Ministry of Interior, Lt. Col. Ayamdo indicated that “both he and Ms. Busia were subsequently made to attend a number of seminars and conferences by the NSCS to equip them with the expertise needed for the project”.

In the opinion of Ayamdo, Ms. Busia was a floating person who was attached to the GNACSA at the preparatory stage with the impression that she would be assigned the responsibility of the Chief Executive of the Commission.

Ayamdo, according to the BNI Report, further revealed that soon after the inauguration of the GNACSA in early 2005 when Ms. Busia was expected to formally work with the Commission; she left to work with UNDP on contract. He thus described Ms. Busia’s claim as having served as Chief Executive Officer of the GNACSA as unacceptable.

Ayamdo further revealed to the investigators that not quite long after the inauguration of the GNACSA, he met Ms. Busia at the UNDP’s office where she told him that she had struck a contract with the UNDP. He revealed that information he had received from a source had it that Ms. Busia was earning about 4,000 United Staes Dollars per month.

Colonel Mohadini Yahaya (rtd) who replaced Ayamdo on the GNACSA as representative of the National Security Council Secretariat (NSCS), could not tell the BNI Team the circumstances under which Ms. Busia came to be associated with the GNACSA. He could also not tell the conditions under which she was attached to the Commission. He however, indicated that from information gathered he could confirm that Ms. Busia was involved in the preparatory stages for the setting up of the GNACSA.

He disclosed that he was authorised by Mr. Poku to assign Toyota Landcruiser and a motor cycle to Ms. Busia. The Landcruiser, according to Colonel Yahaya (rtd), was one out of the two (2) assigned to the GNACSA by the UNDP. The motor cycle was one of the ten (10) assigned to the GNACSA by the UNDP for the Commission’s operations. He said when he wrote to Ms. Busia to acknowledge receipt of the Toyota Landcruiser and motor cycle she declined to reply him. The Landcruiser and motor cycle have allegedly been seized by Ms. Busia under the pretext that NSC owes her some salary arrears. The UNDP has reportedly expressed some concern about the situation.

Colonel Yahaya further indicated that he had had hints that the UNDP paid Ms. Busia about $5,000 per month for her services on the Commission.

Paragraph 47 of the BNI Report said checks from the UNDP had revealed that Ms. Busia was engaged by the Programme as a consultant for a period of eleven (11) months. The contract which was signed on April 28, 2004 commenced on March 15, 2004 and ended on February 16, 2005. Ms. Busia was accordingly paid $4400 per month. The post she held was Technical Advisor. Her schedule was “Small Arms Reduction and Conflict Prevention In Ghana”.

The BNI Report indicated that investigations had disclosed that from January 2003 to February 2004, Ms. Busia “can be said to have worked for the NSCS in one capacity or the other”.

It however emphasised that: “Apart from the House and the Toyota Landcruiser assigned her and some allowances that she might have received for committee and seminar sittings, there is no evidence that she received remunerations for her work with the NSCS. It is humbly submitted that for her services she needed some form of remuneration”.

The Report noted that it was evident from its investigations that Ms. Busia was demanding remuneration from the period January 2003 to February 2004; “that is remunerations for the period she worked with the NSCS officials on the preparatory stages of the GNACSA”.

“The Committee thus finds FREMA’s claim for pay for the period she worked for NSCS tenable”, underscored the Committee even though it was unable to determine the quantum of money she should be paid.

“We certainly cannot confirm the figure of one hundred and nine thousand, four hundred and twelve US Dollars (US$109,412.00) being demanded by subject. The reason being that the Committee does not know how the figure was obtained. The Committee could not reach FREMA for an explanation”, asserted the Committee in paragraph 78 (pages 20-21).

The Committee then proceeded to provide a guide to be applied if and when a decision was taken to compensate Ms. Busia for her services as follows: (i) Duration of time she associated with NSCS – January 2003 to February 2004 (14 months); (ii) Allowances paid her for meetings and seminars; (iii) The Chauffeur driven vehicle; (iv) The Armed Security and (v) The Utility bills paid by NSCS.

The BNI Report also indicated that the Team of Investigators’ work had revealed that Ms. Busia’s allegations aimed at tarnishing the image of Mr. Poku and other National Security officials were false. Ms. Busia, according to the Report, had “resorted to blackmail to get her purported salary arrears paid”.

The Report recalled that Ms. Busia had addressed a memorandum to the Chairman of the Parliamentary Select Committee on Defence and Interior and copied to Ranking Members and CHRAJ, in which she had made allegations of Abuse of Power and Conflict of Interest against Mr. Poku and other top security officials.

“Investigations could not establish any of the allegations raised in the above quoted paragraph. In other words the Committee did not find any evidence to support allegations of abuse of power, conflict of interest, misrepresentation and fraud against Hon. Poku or any person at the NSCS”, noted the Committee in its Report.

The Report said Ms. Busia’s other allegation that the NSCS had perpetrated fraud on the UNDP and other donors could not be confirmed.

The Report also noted that in the course of investigations, documents relating to the appointment of Ms. Busia were sighted on NSCS files but none of these contract documents had been signed by either of the parties.

The Report said there was evidence on record to show that for her role on the SMALL ARMS Programme, the NSCS provided Ms. Busia with accommodation, means of transport and police guard.

“This intercourse FREMA had with the GNACSA was by virtue of her relationship with the NSCS”, intimated the Committee.

It said after examining all the evidence the Committee was of the view that “even though the NSCS did not sign any express agreement with FREMA, there was an implied agreement that was created from the assumed intentions of the parties, that is, National Security Council Secretariat (NSCS) and FREMA. It is the Committee’s conclusion that after studying the evidence on record it can be said that NSCS engaged FREMA to work on the preparations towards the setting up of the GNACSA”, the BNI Report pointed out in paragraph 67.

A senior legal practitioner who spoke to this paper on condition of anonymity, said on the basis of the facts revealed by the BNI investigations, he was surprised that Ms. Busia can still be described as a “Legal Advisor to National Security”, in the proper and effective sense of the title or status.

“Does she have a letter of appointment employing her as the Legal Advisor to National Security? And what were/are the Conditions of Service attached to her employment? Was it National Security that seconded her to the UNDP project where she was earning over $4000 per month? Is there any documentary proof of that secondment? Is staying in a National Security Guest House enough proof of employment by National Security? Does she have proof of monthly payment of her salaries by NSCS based on her purported employment?”, queried the Senior Legal Practitioner.

Stay tuned NDP-Donated Landcruiser & Motor Cycle ‘Missing In Action’!