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Minority Statement on the Acquisition of the Presidential Jet

Thu, 24 Feb 2000 Source: null

STATEMENT IN PARLIAMENT BY HON. HACKMAN OWUSU-AGYAEMAN (NPP SPOKESMAN ON FOREIGN AFFAIRS) ON THE MAJORITY REPORT OF THE FINANCE COMMITTEE ON THE PRESIDENTITAL JET LEASE AGREEMENT.

Mr. Speaker,

My Colleagues, the very honourable members on this side have led brilliant arguments to support the contention that the Lease Agreement that we are being asked to approve is bogus and inimical to the interest of the good people of this nation. The arguments have proved beyond any shadow of doubt the improprieties of the agreement and the completely inopportune timing of the Lease.

Mr. Speaker, good economic management dictates that competing needs are assessed dispassionately and ranked in order of pressing needs. This is the accepted basic fundamental reduced to first class level, which this NDC government must understand. If this were done, then it is unacceptable, indeed almost criminal for the government to tell this nation that in our scheme of priorities the purchase or lease of the jet for presidential and other state trips must come before the pressing needs of our impoverished farmers and fisher folks, our students, our disintegrating health delivery system, our ill-equipped police force, the poor state of our roads, our over-taxed populace, etc., etc. Mr. Speaker the insensitivity of this government is mind boggling ? the leaders of this NDC government who only a couple of years ago were the self-styled peoples? champions who would not even put on suits or ties, who preferred "Jesus is a soul man" or "charlie wote", now have gone beyond designer suits to designer jets ? Mr. Speaker belonging to the jet set now seems to mean the acquisition of fanciful jets.

But Mr. Speaker let us look at the Lease Agreement itself. It definitely seems that after 40 years of independence we, nay this government, add unto the near 8 years, the not too pleasant decade of the military junta, has not even learnt the fundamentals of negotiating a decent, transparent, internationally acceptable agreement. No, Mr. Speaker this government must know the difference between a good, Ghana friendly agreement and one that seems to con the good people of Ghana. The problem, which our friends cannot accept is that this agreement, is full of contradictions. We know about Financial Engineering and this one at its worst; the crafters must bow down their heads in shame ? Ghanaians cannot forgive them.

Nobody, no nation, no company, no Minister can append his signature to an agreement that exonerates the so-called owner from all and any liabilities and the Leasee, the state of Ghana, to accept unconditionally all liabilities. I have seen lease agreements by the dozen in my life and Mr. Speaker, there was never written a lease agreement like the one we are dealing with.

A lease agreement where the Leasee;

1.pays fully for the insurance (pages 9. 35, 38)

2.replaces all engines and parts at the Leasee's cost (page 9. 30)

3.the condition of the aircraft is the "sole responsibility of the Leasee (page 9.14) The Leasee, Ghana shall not be entitled for any reason whatsoever to refuse to accept the delivery of the aircraft ! What monstrosity of warped justice!

4.The Leasee, Ghana shall pay to the owner all expenses incurred by the owner. (page 20)

5.The Leasee shall indemnify and hold harmless the owner (page 20). I know that the NDC is very adept in indemnifying people (ref. Indemnity provisions in the constitution); but this indemnity really stinks

Mr. Speaker, Ghana is definitely being short-changed and no amount of explanations can cover the tracks of the enemies of this state ? those who are ripping off this good nation. The above unacceptable conditions in the Lease Agreement are only a small part of the list ? I can go on and on and on.

Even on de-registration, the Leasee, Ghana is required to irrevocably appoint the "owner" of the aircraft as its attorney ? what conflict of interest! Perhaps not so surprising because this Minister of Finance is known to be very comfortable with situations of conflict of interest (e.g. AGC, etc.)

Mr. Speaker, there is only one truth; and if this is dispensed with, then difficulties arise- difficulties of consistency and confusion and contradictions surface. This is the situation of this agreement.

Mr. Speaker, where in the world will the buyer or Leasee of an aircraft pay for the machine before his own experts would have examined and carried out the evaluation of the jet? The Air Force only carried out an evaluation of the aircraft in June 1999 when our supposed able team of negotiators caused the first payment to be made before April 1999!

Mr. Speaker nobody is left in any doubt, considering the way this agreement is written, that it would seem that the Leasee really owned the aircraft and that the "shell company", Gallen is only used as ruse; otherwise how can we, Ghana, accept every conceivable liability as the Leasee while the owner accepts no liabilities, absolutely no liabilities.

Mr. Speaker, hear what the Senior Vice President of HSBC confirms in a letter, that "since our client (meaning Gallen) was represented by the Minister of Finance of the Republic of Ghana?" How on earth can the Leasee (represented by our Minister of Finance) also represent the owner? (HSBC?s letter of 9-12-99)? Mr. Speaker this agreement is bizarre to the extreme and inimical to the interest of Ghana, to say the least. Mr. Speaker, considering the oath that we all as Members of Parliament subscribe to, to uphold the truth and protect Ghana, I urge the NDC members of Parliament, for once to uphold the truth and entreat them to join us on this side to reject the report of the committee.

Source: null