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General news for Thursday, November 5, 2020
Source: Peace FM
2020-11-05
Special Counsel Martin Amidu and Former President John Dramani Mahama
The Alliance for Social Equity and Public Responsibility (ASEPA) has commissioned Special Prosecutor Martin Amidu to re-investigate former President Mahama on the Airbus saga.
At a press conference, ASEPA Executive Director Mensah Thompson, in response to the Special Prosecutor’s report, wondered why he (Mr. Martin Amidu) captured in his report that former President John Dramani Mahama cannot be investigated for corruption accusations because he is a presidential candidate for a major political party
This refutes the same reason why the Specialized Prosecutor’s Office, Law 959 of 2017 established the office, he added.
“There is absolutely no law on our books that prohibits the Special Prosecutor from investigating someone just because they are participating in an election.”
He further explained 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 invite you here this morning to express our dismay that the Special Prosecutor inserted the findings of a large investigation sent to him on February 2, 2020 by the President, Nana Addo-Dankwa Akufo-Addo to investigate allegations of corruption in the purchase of three C -295 Airbus SE military aircraft in the largest corruption control action ever on a recent mission to do a corruption risk assessment on the Agyapa royalty bill, which are two completely different cases.
As a concerned civil society organization; We also invite you to reflect with us on the possible justification, if any, why the Special Prosecutor will capture in that same report that former President John Dramani Mahama cannot be investigated for corruption allegations because he is a presidential candidate of a major organization. political party; the same reason for which the Specialized Prosecutor’s Office, Law 959 of 2017 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 required its establishment, so it is shocking to see the office shy away from the execution of its mandate, especially at a time like this, when Ghanaians are evaluating the records of the two major political parties in their struggle. against corruption for the purposes of electing a new government.
An analysis of the 64-page report from the Office of the Special Prosecutor on Corruption Risk Assessment in the Agyapa Royalty Bill revealed on page 54 that his office has established the identity of “government official 1” elected to be former President John Dramani Mahama now aspiring for presidential candidate for the NDC.
Although most of you should know 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 you know that the former president is “Government Official 1” despite the fact that he is a Presidential candidate.
On 13 January 2017, a joint investigation team made up of the UK Serious Fraud Office (SFO) and the French National Parquet Financier (PNF) reached a Joint Investigation Team Agreement to allow investigation of complaints. fraud, bribery, corruption and relevant crimes. against Airbus. The initial scope of the investigation broadly covered the conduct and business of Airbus Group and its affiliates, including former and current Airbus employees, business partners and intermediaries.
According to the investigation agreement, the agencies analyzed the relevant behaviors of Airbus and its affiliates up to 2016, with surveys in the United Arab Emirates, China, South Korea and others assigned to the PNF and investigations in South Korea, Indonesia, Sri Lanka, Malaysia and Taiwan. , Ghana and others to the OFS.
The summary of the allegations in relation to Ghana is that between 2009 and 2015, Airbus hired a close relative of a decision-making official as an intermediary to secure a purchase contract with the government of Ghana and promised or paid to the intermediary a contract based on success. commission of 5 million euros (5.5 million US dollars).
Airbus Defense Company engaged “Intermediary 5”, knowing that he was a close relative of a high ranking official (“Government Official 1”) as a business partner in connection with the proposed sale of the three aircraft to the Government of Ghana. Several Airbus employees knew that “Intermediary 5” was a close relative of “Government Official 1”, a key decision maker regarding sales.
The false documentation was created by or with the agreement of Airbus employees to support and disguise these payments. The payments were intended to induce or reward an undue favor from “Government Official 1” towards Airbus and it appears that the introduction of “Intermediary 5” was to facilitate payment to “Government Official 1”.
Case reports from the US and UK note that “government official 1” had regular meetings and communications with Airbus executives even before close relative Intermediary 5 entered as a conduit for the payment of bribes. He suggests that he was simply 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 should be noted that, for the most part, Airbus admits to having made payments from March 2012 to 2014 to former President John Dramani Mahama.
The intermediaries named in the indictment 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 from the OSP to help. in their investigations.
The transaction under investigation was successful, leading to the purchase of three C-295 military transport aircraft by the then government and, of the 5 million euros promised, 3.85 million euros were paid to the intermediary between March of 2012 and February 2014.
Following the evidence gathered by the SFO in the investigations, on January 31, 2020, the Southwark Crown Court in the subsequent case brought against Airbus SE by the Director of the SFO led the multinational to be fined $ 3.9 billion for the payment of bribes to secure agreements in five countries; Ghana included.
Courts in France, the UK and the US approved the settlement, which settled bribery charges in China, Sri Lanka, Malaysia, Indonesia, Taiwan, Ghana and other countries. Therefore, the President referred the case to the Special Prosecutor for investigation and accountability.
The Special Prosecutor’s Office, 2017 Law 959 (3) (1a) and (1b) require the office to investigate and process complaints of corruption and crimes related to corruption under the Public Procurement Law of 2003 (Law 663) and of the Criminal Offenses Law. Law of 1960 (Law 29) that involves public officials, politically exposed people and people from the private sector involved in the commission of a crime.
The OSP on March 31, 2020, announced that it had summoned four suspects for questioning:
1. Philip Middlemiss – the alleged travel advisor closely related to the brother of the NDC presidential candidate, John Dramani Mahama.
2. Sarah Furneaux; your collaborator
3. Leanne Davis
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4. Samuel Adam Mahama – brother of presidential candidate John Dramani Mahama.
It is proven that the Mahama brothers benefited from a bribe of GH 26,291,980 (3.85 million euros) through the abuse of state power.
This is not a mere accusation of corruption. It is a proven case of a presidential candidate caught using his political clout to negotiate a deal that benefited his family more than the citizen whose interests he vowed to protect.
To what extent can we associate this violation of public office with the incident on January 22, 2020, when one of the aircraft, the CASA 295 of the Ghana Air Force (GHF552), invaded the platform of the Ghana Air Force Base. Accra? The incident occurred during a routine engine run at 11:10 (local time) after it was said to have been non-operational since October 2019. Imagine it was a bad day and this aircraft was in the air, it would have resulted in the unnecessary loss of life and property, all because someone was trying to make a corrupt profit from a transaction.
If there was sufficient evidence to support prosecution of the case as a crime in another jurisdiction, why would the special prosecutor’s office hesitate to fulfill its mandate due to the fact that the person is a presidential candidate? Shouldn’t that be the reason they’re investigating it?
Former President Mahama, aware of the seriousness of these accusations, must, in our opinion; if in fact you want to clear up any misconceptions that you are not a “government official 1”, show that you do what you preach; that his leadership has a better record of handling corruption by working with PASB to ensure investigations are completed.
There is an urgent need for the Special Prosecutor to act if his office has established that there has indeed been some corruption in the Airbus transaction.
There is absolutely no law on our books that prohibits the Special Counsel from investigating someone just because they are participating in an election.
This action by the Special Prosecutor’s Office could set a bad and dangerous precedent in the fight against corruption in Ghana.
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