The Office of the Special Prosecutor (OSP) has cleared former President John Mahama and his UK-based brother, Samuel Adam Mahama or Samuel Adam Forster, of any corruption in the Airbus bribery scandal and will not proceed with the case further.
“The OSP would not institute criminal proceedings against any person in respect of this investigation,” Special Prosecutor, Kissi Agyebeng, said at a press conference in Accra on Thursday, August 8.
Mr Agyebeng clarified that neither former President Mahama nor his UK-based brother received bribes.
Mr Agyebeng said his outfit found no evidence of former President Mahama’s involvement in the Airbus deal and deemed his interactions with Airbus officials as well-intentioned.
“The Special Prosecutor has directed the closure of the OSP investigation into alleged bribery of high-ranking Ghanaian officials by Airbus SE, through intermediaries, in respect of the sale of military transport aircraft by Airbus SE to the Republic of Ghana between 2009 and 2015.
“The Special Prosecutor has also directed authorised officers of the OSP to rescind the 13 May 2020 warrants of arrest obtained from the Circuit Court, Accra, for the arrest of Samuel Adam Foster (also known as Samuel Adam Mahama), Philip Sean Middlemiss, Leanne Sarah Davis, and Sarah Furneaux,” he said.
Nonetheless, the Special Prosecutor expressed concern over Mr Mahama’s communications with Airbus officials in the purchase of the aircraft.
He highlighted the potential conflicts of interest and the appearance of improper conduct.
“It ought reasonably to have occurred to former President Mahama and the Government of Ghana that the familial relationship between former President Mahama and Foster and the direct participation by former President Mahama in the communications and meetings with Airbus officials were bound to raise reasonable suspicions of improper conduct and dealings notwithstanding any claims to good faith conduct and above board dealings,” he noted.
Mr Agyebeng therefore advised against the direct involvement of the President and Vice President in commercial dealings on behalf of the state.
“The direct participation of the President and the Vice President (on behalf of the Republic) in commercial communications and meetings with commercial entities should not be encouraged either – as they expose these elected high officials to the spectre of the slightest hint of perceived corruption that may attend international business transactions,” he stated.
The OSP investigation began in February 2020 and concluded in June 2024.
It focused on the person identified as Government Official 1 identified as John Dramani Mahama by the UK court, and Individual 1 by the US court, and Intermediary 5 identified as Samuel Adam Mahama by the UK court.
In 2020, former Special Prosecutor Martin Amidu named former President Mahama as ‘Government Official 1’ in connection with the scandal involving the purchase of Airbus aircraft for the Government of Ghana.
Background
Ghana is one of five countries where Airbus paid or tried to pay millions in bribes to secure contracts, resulting in a £5 billion fine imposed by a British court.
Airbus admitted to five counts of failing to prevent bribery, using a network of secret agents to offer bribes to foreign officials, including those in Ghana, to win high-value contracts.
The investigation identified six key figures in the Ghana scandal:
- Government Official 1 (a high-ranking elected official)
- Intermediary 5 (a British national and close relative of Government Official 1, also a shareholder in Company D)
- Company D (a corporate entity for Intermediary 5)
- Intermediary 6 (a British national and associate of Intermediary 5)
- Intermediary 7 (a British national and associate of Intermediary 5)
- Intermediary 8 (a Spanish company acting as a front for Intermediary 5)
Additionally, British citizens Philip Sean Middlemiss, Sarah Davis, and Sarah Furneaux are linked to the case for their involvement in the scandal.