A bold allegation has been made by lawyer Maurice Ampaw, claiming that Special Prosecutor Kissi Agyebeng acted hastily to exonerate former opposition leader John Dramani Mahama in the Airbus bribery scandal. Ampaw suggests this was a strategic move to gain favor with Mahama's administration ahead of the 2024 general elections.
The Airbus scandal was a key campaign message for the New Patriotic Party (NPP), aiming to portray Mahama as corrupt. However, Ampaw argues that the Office of the Special Prosecutor (OSP) rushed to clear Mahama's name, potentially to avoid displeasing him if he won the election.
"Nana Addo appointed Kissi Agyebeng, but his focus was on NPP appointees like Cecilia Dapaah. As we neared the election, he suddenly cleared Mahama from the Airbus scandal. That was the NPP's campaign strategy, so he could have waited. But he believed that if Mahama came to power, they would protect him. So, he cleared Mahama, and the NPP couldn't label him corrupt," Ampaw claimed.
Ampaw further alleged that President Akufo-Addo worked with 'traitors and vampires' but never took action against them, including former IGP Dampare, who was making the government unpopular.
The OSP officially cleared President John Dramani Mahama and several others of any wrongdoing in the Airbus bribery scandal. During a media briefing in August 2024, Special Prosecutor Kissi Agyebeng stated that the four-year investigation found no evidence to support allegations made against high-ranking Ghanaian officials in UK and US court decisions.
The investigation was triggered by a referral from the President following the approval of a Deferred Prosecution Agreement (DPA) between Airbus SE and relevant authorities in the UK, US, and France.
The DPAs alleged that Airbus employees made or promised success-based commission payments to Intermediary 5, a close relative of a high-ranking elected Ghanaian official, to induce or reward improper favor in the purchase of military transport aircraft by the Ghanaian government between 2009 and 2015.
The OSP's observations highlighted that the direct involvement of former President Mahama and his brother, Samuel Adam Foster, in the Airbus-Ghana deal was the primary reason the case appeared in UK and US DPAs.
The OSP noted that the only reasons the Airbus-Ghana deal was included in the UK and US DPAs were because Mahama and Foster were full blood brothers, and Mahama directly participated in communications and meetings with Airbus officials.
The Special Prosecutor emphasized that the OSP found no evidence suggesting that Foster and his associates were paid bribes, nor that those bribes were intended for or received by former President Mahama.
In fact, the OSP investigation revealed an agency relationship between Airbus and Foster and his associates, who acted as business partners of Airbus in the deal. The commission-based payments to Foster and his associates were a typical arrangement by Airbus to expand its international presence and win sales contracts.
The Special Prosecutor stated, "It seems the nature and structure of Ghana's statutory prohibitions and jurisprudence on corruption do not support finding criminal culpability in respect of the referenced individuals in the context of the UK and US outcomes."
The OSP further clarified that the UK and US DPAs did not include or cover the referenced individuals, as the settlements were reached solely with Airbus.
Explaining this, the Special Prosecutor said, "Airbus accepted criminal culpability for bribery on its own behalf and vicariously on behalf of the referenced individuals, including its employees, agents, business partners, and Ghanaian public officials. The referenced individuals were not direct subjects of the UK and US investigations and were not given the opportunity to explain their actions and present exculpatory evidence."
Regarding former President Mahama's actions, the OSP found that his direct participation in communications and meetings with Airbus officials was "actuated by good intentions."
However, the OSP acknowledged that Mahama and the Ghanaian government should have reasonably anticipated that the familial relationship between Mahama and Foster, combined with Mahama's direct involvement in communications and meetings with Airbus officials, would raise suspicions of improper conduct and dealings.
The Special Prosecutor stressed that such close proximity dealings by elected high officials and their kin should not be encouraged, as they give rise to reasonable suspicion of influence peddling and conflict of interest, regardless of any good faith intentions.
Additionally, the OSP found that the plan by senior leadership in SMO International and the Defence & Space Division to circumvent Airbus compliance rules by substituting Company D with the Spanish Intermediary 8 was likely a well-intentioned but misguided adventure, as it made the payments seem of doubtful provenance.
In light of these findings, the Special Prosecutor has directed the closure of OSP investigations and the withdrawal of arrest warrants and INTERPOL Red Notices for Samuel Adam Foster, Philip Sean Middlemiss, Leanne Sarah Davis, and Sarah Furneaux.
"The OSP will not institute criminal proceedings against any person in respect of this investigation," Agyebeng stated.
This controversial decision has sparked debate and raised questions about the motivations behind the OSP's actions. What are your thoughts on this matter? Feel free to share your opinions in the comments below!
