The Office of the Special Prosecutor (OSP) has chastised former President John Dramani Mahama for his decision to involve himself in the Airbus deal initiated by his blood brother, Samuel Foster Adam.

According to the Special Prosecutor, Kissi Agyebeng, the flagbearer of the National Democratic Congress should have known that his involvement would raise a reasonable suspicion of improper conduct and dealings notwithstanding his claim of good intention.

"… especially because during the first Airbus campaign former President Mahama was the Chairman of the Armed Forces Council by reason of his position as the Vice President – and therefore a key decision-maker", he said.

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Briefing the press on Thursday, August 8, Mr Agyebeng stressed that, "such close proximity dealings by such elected high officials of the Republic and their kin and close associates on behalf of the Republic should neither be viewed favourably nor encouraged.

He said the act could be labelled as influence peddling or viewed as a conflict of interest.

"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. The President and Vice President should be insulated from such direct commercial dealings," he added.

The OSP was, however, quick to add that no evidence of corruption was established against the former president and his brother after the extensive investigation into the scandal.

"It seems to the OSP that the only reason why the Ghana Airbus deal found its way into the UK and US DPA were the fact that former President Mahama and Samuel Adam Foster were brothers of full blood and that former President Mahama directly participated in commercial communications and meetings with Airbus officials.

"This is because the OSP found no evidence circumstantial or direct which suggests that Foster and his associates were actually paid bribes and these bribes were to be transmitted to former President Mahama and that those bribes were actually paid to him.

"Indeed, to all intents and purposes and objectively viewed, an agency relation existed between Airbus and Foster and his associates by which Foster and his associates acted as business partners of Airbus in respect of the Airbus - Ghana deal under which Foster and his associates were to be remunerated success-based commissions."

Background

Ghana bought three Military Airplanes – C295s – from Airbus. The nation received its first C295 in November 2011. The second aircraft was obtained in April 2012 and the third in November 2015.

The deals covering them were argued at the time to align with the 2009-2012 Strategic Plan of the Ghana Armed Forces.

All three purchases, approved by Ghana’s Parliament after heated disagreements on the floor, were roundly marketed by the government of the day as a drive to modernise Ghana’s Air Force.