Former Attorney General and Minister for Justice, Nii Ayikoi Otoo, says evidence showing that public officials participated in a criminal agreement could be sufficient grounds to prosecute them in connection with the alleged bribery scandal involving AKSA Energy.

According to him, under Ghanaian law, a person does not necessarily have to be physically present when an offence is committed to be held criminally liable.

Speaking in an interview on Joy FM's Midday News on Monday, August 10, he explained that the law on conspiracy allows authorities to prosecute individuals where there is evidence that they participated in an agreement to commit a criminal offence.

“You don't need to be present when the thing happens. But if there is evidence that you took part in the criminal agreement to commit those offences, that should be sufficient,” he said.

Read also: Former TOR MD conviction: Ghana, US working to pursue others over $1m bribery scheme – Deputy AG

His comments follow the conviction of former Tema Oil Refinery (TOR) Managing Director, Asante Kwaku Berko, by a United States court over a bribery scheme linked to a power plant deal involving Ghana.

The conviction has triggered renewed calls by civil society organisations for investigations into Ghanaian officials who may have been implicated in the scheme.

Mr Otoo said information indicating that monies were allegedly paid both in Ghana and outside the country should prompt Ghanaian authorities to investigate the individuals involved.

He stressed that where an alleged offence is committed partly within Ghana and partly outside the country, Ghanaian courts can still exercise jurisdiction.

“In a criminal jurisdiction, if the offence is committed partly in Ghana and partly outside, the courts of Ghana will have jurisdiction to do these matters,” he explained.

The former Attorney General also weighed in on the respective roles of the Office of the Special Prosecutor (OSP) and the Attorney General in pursuing any potential prosecution.

He said the Supreme Court has clarified the relationship between the two institutions, noting that the OSP can commence prosecution, but the Attorney General has the power to discontinue proceedings by entering a nolle prosequi.

“The OSP is only an agent of the Attorney General. It can start its own prosecution, and then the Attorney General has every right to enter nolle prosequi and to stop it once again,” he said.

However, Mr Otoo questioned whether the Attorney General would have the political will to pursue officials who may be connected to the alleged bribery scheme.

“The only issue now is that when indeed some of his people were facing corruption charges and other offences in court, and the Attorney General comes to enter nolle prosequi and let them walk free, where is the confidence that he will go after his own people?” he asked.

He therefore urged the relevant state institutions to examine the evidence emerging from the US proceedings and take appropriate legal action against anyone found to have participated in the alleged scheme.