Airbus saga: Independent inquiry ideal, not Amidu probe – Lawyer
A private legal practitioner, Bobby Branson, has suggested the constitution of an independent committee to investigate the recent Airbus corruption saga.
Mr Banson believes an opinion given on the purchase of the military aircraft by Mr Martin Amidu, the then Attorney-General, even though he might not be privy to the detailed business aspect of the transaction, makes it more prudent to opt for the enquiry.
“This is not something that should have been left to the Office of the Special Prosecutor [headed by Mr Amidu],” he challenged President Akufo-Addo’s decision to refer the matter to Mr Amidu for a probe on Joy New’s Newsfile on Satuday
With Saturday’s show without the usual political cacophony, as the politicians were not at the table, the lawyer said: “There should have been an independent inquiry and whatever decision that will come out of the report will be given to the state agencies to prosecute”.
A court in the UK has fined Airbus, an aircraft manufacturing company in Europe, a total amount of £3bn after it admitted to paying bribes in several countries including Ghana to push plane purchase agreements between 2009 and 2015.
Revealing 2011 Hansard shows NPP suspected GH₵10m ‘kickback’ on Airbus deal
UK court documents show approximately €3.9m was paid through a Spanish intermediary, eventually landing into the hands of a close relative of a highly placed, elected government official in Ghana.
Some intermediaries were involved in the transaction as stated by UK, US and French authorities who looked into the case within a period of four years, but Mr Banson noted that it appears “it was disclosed only to him [Mr Amidu] at the time he gave the opinion that there was an intermediary”.
Three intermediaries were involved in the transaction to purchase the military aircraft including an elected person named as Government Official 1 in the reports.
Mr Banson, however, explained Government Official 1 started dealing directly with Airbus about the possibility of Ghana government purchasing these aircraft”. Thus, he noted that it was not the intermediaries who initiated the deal.
Read: NDC vs NPP parliamentary debate in July 2011 over Airbus deal
Mr Branson noted that “it is a possible criminal offence, but prosecutions will have to prove beyond reasonable that” that there was bribery in corruption against the alleged Government Official 1.
The monies realised from the Deferred Prosecution Agreement (DPA) by Airbus is intended to be shared the three countries–the United States of America, the United Kingdom and France excluding Ghana.
For him, “technically they (Airbus) have accepted engaging in bribery” by accepting to engage in the financial settlement agreed by the parties and the courts.
He was concerned that Ghana has been affected financially the most but “we are sitting down and not getting any form of compensation”.
“If indeed the price of these aircraft were ballooned to accommodate these commissions that were paid it means Ghana did not get value and Airbus should compensate Ghana,” he maintained.
Airbus bribery saga: UK likely to assist Special Prosecutor to name ‘Gov’t official 1’ and others
“Monies that should have gone to our military men have ended in people’s pockets, allegedly,” he lamented.
But his colleague private legal practitioner, Dr Justice Yankson, who doubles as General Secretary of the Ghana Medical Association thinks otherwise.
He does not subscribe to a committee probe.
“At the end of the day, the government will issue a certain white paper and most times it becomes controversial,” he justified.
He believes such controversies, which could be political, will derail the essence and implementation of the key recommendations of the report and the white paper.
Hence, Mr Amidu, who is seen as independent, should carry on with the investigations to get to the bottom of the scandal.
Private legal practitioner, Martin Kpebu, who was on the same show pointed out the Mutual Legal Assistance Act is operational in the country. Hence Ghana can communicate with the UK and other countries and they will gladly assist.
This will help Ghana to unmask the Ghanaians named in the scandal for subsequent prosecution and retrieval of taxpayers’ funds committed to the unlawful act.
He bemoaned the lack of frequent update from Mr Amidu who has been tasked to investigate insisting the public should know whether the government “paid more than we should have originally paid for the aircraft”. He suspects bloating of the actual cost.
He challenged authorities to do the needful to have government funds committed to the transactions refunded.
“We should be interested in recovering the monies” and not necessarily jail terms, he stressed, adding “we don’t do well in retrieving monies”.
He listed some beneficial projects that monies committed to the purchase of the aircraft could have funded to improve on the lives of citizens.
“We can build hospitals, schools and other things with it”.
The major political parties in the country are divided over the matter. The governing New Patriotic Party (NPP) has said former President John Dramani Mahama is the purported Government Official 1, but the opposition National Democratic Congress (NDC) has refuted the allegations.
Mr Mahama has been silent on the matter but his aide, Joyce Bawa Mogtari, says the signing of the Deferred Prosecution Agreement (DPA) by Airbus is not an admission of guilt to corruption.