Ghana’s Airbus Probe Ends: No Evidence of Corruption Found
Ghana’s Office of the Special Prosecutor (OSP) has concluded its four-year investigation into the Airbus bribery scandal, finding no evidence of corruption or wrongdoing by former President John Dramani Mahama or other Ghanaian officials. The probe, which began in February 2020, was initiated following allegations of bribery in connection with Airbus’s sale of military transport aircraft to Ghana between 2009 and 2015.
In a report released on Thursday August 8, 2024, Special Prosecutor Kissi Agyebeng announced that the investigation had been closed and that no criminal charges would be pursued against any individuals involved in the case. This decision marks a significant departure from the conclusions reached in the Deferred Prosecution Agreements (DPAs) between Airbus and authorities in the United Kingdom and United States in January 2020.
The OSP’s investigation confirmed the identities of key figures mentioned in the UK and US court documents. John Dramani Mahama, who served as Vice President from 2009 to 2012 and President from 2012 to 2017, was identified as “Government Official 1.” His younger brother, Samuel Adam Foster (also known as Samuel Adam Mahama), was revealed to be “Intermediary 5.” Philip Sean Middlemiss, a British actor and businessman, was identified as “Intermediary 6,” while Leanne Sarah Davis was named as “Intermediary 7.”
Despite these identifications, the OSP found no evidence to support allegations of bribery or improper influence. The report stated, “The OSP found no evidentiary basis that suggests that former President John Dramani Mahama or any other public official was paid bribes… in respect of the purchase by the Government of Ghana of military transport aircraft from Airbus.”
The investigation also cleared Samuel Adam Foster and his associates of acting as conduits for bribes between Airbus employees and Ghanaian officials. Instead, the OSP concluded that Foster and his associates had a legitimate business relationship with Airbus, operating on a success-based commission model that was “standard within the industry.”
This finding contrasts sharply with the narrative presented in the UK and US DPAs, which portrayed the payments to intermediaries as bribes intended to influence Ghanaian decision-makers. The OSP report suggests that these characterizations may have resulted from Airbus’s desire to “save its image and reputation” during the foreign investigations, without regard for the reputations of the individuals involved.
The OSP’s investigation faced significant challenges, including limited cooperation from UK and US authorities through the mutual legal assistance process. Despite these obstacles, the OSP conducted extensive interviews, including with former President Mahama and the other key figures identified in the foreign proceedings.
In his interview with the OSP, Mahama maintained that he had not received any bribes or personal benefits from the aircraft procurement. He described the decision to acquire the C-295 aircraft as a professional choice made by the Ghana Air Force and military command, in consultation with relevant state institutions and with parliamentary approval.
The OSP report acknowledged that Mahama had direct communications and meetings with Airbus officials during the procurement process. However, it concluded that these interactions appeared to be “actuated by good intentions” on Mahama’s part.
Nevertheless, the report criticized the close proximity of dealings between high-ranking elected officials and their relatives in government transactions. The OSP stated that such arrangements “should neither be viewed favourably nor encouraged – as they give rise to reasonable suspicion of influence peddling and conflict of interest.”
The investigation also revealed that Foster’s involvement as an Airbus intermediary began after the Ghanaian government had already expressed a preference for the C-295 aircraft. The OSP described this timing as a “case of luckless coincidence that attracted the disapproval of the UK and US authorities.”
In light of these findings, the OSP has rescinded the arrest warrants issued in May 2020 for Samuel Adam Foster, Philip Sean Middlemiss, Leanne Sarah Davis, and Sarah Furneaux. The Interpol Red Notices for these individuals have also been withdrawn.
The conclusion of this investigation raises questions about the discrepancies between the OSP’s findings and the accepted facts in the UK and US DPAs. The OSP report suggests that the foreign proceedings may not have fully considered the perspectives of the Ghanaian officials and intermediaries involved.
This outcome is likely to be welcomed by former President Mahama and his supporters, who have long maintained his innocence in the face of the bribery allegations.
The report also underscores the need for greater transparency and stricter protocols in government procurement processes, particularly when dealing with high-value contracts and multinational corporations. The OSP’s recommendations against direct involvement of presidents and vice presidents in commercial negotiations may influence future practices in Ghana and potentially other African nations.
As the dust settles on this four-year investigation, attention may now turn to how Ghana and other countries can strengthen their anti-corruption mechanisms and ensure that large-scale government contracts are conducted with the utmost integrity and transparency.
Read the full text of the OSp’s report issues: https://norvan.soscodesoftware.com/full-text-osp-concludes-probe-into-airbus-scandal/
