ASEPA charges Special Prosecutor to investigate Mahama

The Alliance for Social Equity and Public Accountability (ASEPA) has charged the Special Prosecutor, Mr. Martin Amidu to re-investigate Former President Mahama on the Airbus saga.

At a press conference, the Executive Director of ASEPA, Mr. Mensah Thompson in response to Special Prosecutor’s report wondered why he (Mr. Martin Amidu) captured in his report that the Former President John Dramani Mahama is estopped from being investigated on corruption allegations because he is a presidential candidate of a major political party.

This refutes the very reason for which the Office of the Special Prosecutor, 2017 Act 959 established the office, he added.

“There is absolutely no law in our books that bars the Special Prosecutor from investigating anybody just because he is contesting an election.”

He explained further that his action could set a bad and dangerous precedent in the fight against corruption in Ghana.”

Read the full statement below:

Ladies and gentlemen of the press, welcome and thank you for responding to our invitation. We have invited you here this morning to express our dismay that the Special Prosecutor inserted the findings of a major investigation referred to him on 2nd February 2020 by the President, Nana Addo-Dankwa Akufo-Addo to investigate corruption allegations in the purchase of three C-295 military aircrafts from Airbus SE in the largest corruption enforcement action in history into a recent assignment to do a corruption risk assessment on the Agyapa Royalties bill which are two entirely different cases.

As a concerned civil society organization; we also invite you to ponder with us the possible rationale - if any - on why the Special Prosecutor will capture in that same report that the Former President John Dramani Mahama is estopped from being investigated on corruption allegations because he is a presidential candidate of a major political party; the very reason for which the Office of the Special Prosecutor, 2017 Act 959 established the office.

The spirit in which this office was established is to fight corruption. The Airbus SE scandal is exactly the type of case that necessitated its establishment and so it is shocking to see the office shy away from executing its mandate especially at a time like this when Ghanaians are assessing the records of the two major political parties in their fight against corruption for the purposes of electing a new government.

A scrutiny of the 64 page report by the Office of the Special Prosecutor on the corruption risk assessment on the Agyapa Royalties Bill revealed on page 54 that his office has established the identity of elected “Government Official 1” to be former President John Dramani Mahama now aspiring presidential candidate for the NDC.

Though most of you must be aware of the details of this case let me take a minute to refresh your memory on why we must move forward with the investigations now that he knows that the former President is “Government Official 1” notwithstanding the fact that he is a presidential candidate.

On 13th January 2017, a joint investigation team made up of the United Kingdom’s Serious Fraud Office (SFO) and French Parquet National Financier (PNF) reached a Joint Investigation Team Agreement to enable probes into allegations of fraud, bribery, corruption, and relevant offenses against Airbus. The initial scope of the investigation broadly covered the conducts and businesses of Airbus Group and its affiliates, including Airbus' former and current employees, business partners, and intermediaries.

Under the investigation agreement, the agencies looked into Airbus and its affiliates' relevant conducts until 2016, with probes in United Arab Emirates, China, South Korea and others assigned to the PNF and investigations in South Korea, Indonesia, Sri Lanka, Malaysia, Taiwan, Ghana and others to the SFO.

The summary of the allegations with relation to Ghana is that between 2009 and 2015, Airbus engaged a close relative of a decision-making official as an intermediary to secure a purchase contract from the government of Ghana and promised or paid the intermediary a success-based commission of €5 million (US $5.5 million).

Airbus Defense Company engaged “Intermediary 5”, knowing he was a close relative of a high ranking official (“Government official 1”) as its business partner in respect of the proposed sale of the three aircrafts to the Government of Ghana. A number of Airbus employees knew that “Intermediary 5” was a close relative of “Government Official 1”, a key decision maker in respect of the sales.

False documentation was created by or with the agreement of Airbus employees in order to support and disguise these payments. The payments were intended to induce or reward improper favour by “Government Official 1” towards Airbus and it does appear that the introduction of “Intermediary 5” was to facilitate payment to “Government Official 1”.

The case reports from the U.S and U.K make the point that “Government official 1” was having regular meetings and communications with Airbus executives even before the close relative Intermediary 5 was brought in as a conduit for payments for bribes. It suggests that he was merely brought in allegedly as a front for “Government official 1”.

Ladies and gentlemen, I want us to keep in mind that “Government Official 1” according to the Special Prosecutor is Former President John Dramani Mahama.

It must be noted that for the most parts that Airbus admits making payments from March 2012 to 2014 to Former President John Dramani Mahama

The named intermediaries in the allegation were Philip Middlemiss, Leanne Davis, and Samuel Adam Mahama - brother of NDC Presidential candidate – John Dramani Mahama who we can now infer to be “Intermediary 5 based on his invitation by the OSP to assist in their investigations.

The transaction under investigation was successful leading to the purchase of three C-295 military transport aircrafts by the then government and out of the €5 million promised, €3.85 million was paid to the intermediary between March 2012 and February 2014.

Following the evidence gathered by the SFO in the investigations, on 31st January, 2020, the Crown Court at Southwark in the ensuing case brought against Airbus SE by the Director of the SFO led to the multinational being fined $3.9 billion for the payment of bribes to secure deals in five countries; Ghana included.

Courts in France, U.K., and U.S. approved the settlement, which resolved charges of bribery in China, Sri Lanka, Malaysia, Indonesia, Taiwan, Ghana, and other multiple countries. This is why the President referred the case to the Special Prosecutor for investigation to ensure accountability.

The Office of the Special Prosecutor, 2017 Act 959 (3) (1a) and (1b) requires the office to investigate and prosecute allegations of corruption and corruption related offences under the Public Procurement Act, 2003 (Act 663) and under the Criminal Offences Act, 1960 (Act 29) involving public officers, politically exposed persons and persons in the private sector involved in committing an offence.

The OSP on 31st March, 2020, announced that he had summoned four suspects for questioning –

1. Philip Middlemiss - the alleged travel consultant closely affiliated with the brother of NDC Presidential candidate John Dramani Mahama.

2. Sarah Furneaux ; his collaborator

3. Leanne Davis

And

4. Samuel Adam Mahama - brother of Presidential candidate John Dramani Mahama.

The Mahama brothers are proven to have benefitted from a kickback payment of GH?26,291,980 (€3.85 million) through the abuse of state power.

This is not a mere corruption allegation. It is a proven case of a presidential candidate caught using his political influence to broker an agreement that benefitted his family more than it did the citizen whose interest he swore an oath to protect.

To what extent can we associate this violation of public office to the incident on 22nd January 2020, when one of the aircrafts - Ghana Air Force CASA 295 (GHF552) - overran the apron at the Accra Air Force Base? The incident occurred during a routine engine run at 11:10 (local time) after it was said to be non-operational since October 2019. Imagine that it was a bad day and this aircraft was up in the air, It would have resulted in the needless loss of lives and property all because someone was trying to make a corrupt gain from a transaction.

If there was enough evidence to support the prosecution of the case as a criminal offence in another jurisdiction why will the special prosecutor’s office hesitate to perform its mandate on account of the fact that the individual is a presidential candidate? Shouldn’t that rather be the reason why he is investigated?

Former President Mahama being fully aware of the gravity of these allegations must in our opinion; if indeed he wishes to clear any misconception that he is not “Government Official 1” prove that he walks the talk; that his leadership holds a better record in dealing with corruption by working with the OSP to ensure that the investigations are completed.

There is the urgent need by the Special Prosecutor, to act if his office has established that indeed some corruption had taken place in the Airbus transaction.

There is absolutely no law in our books that bars the Special Prosecutor from investigating anybody just because he is contesting an election.

This action by the Special Prosecutor could set a bad and dangerous precedent in the fight against corruption in Ghana.