Private legal practitioner Martin Kpebu has argued that the recent report from the Office of the Special Prosecutor (OSP) on the Airbus scandal, which found no evidence of bribery against former President John Dramani Mahama, does not bring finality to the case. 

Mr Kpebu emphasised that the matter could be revisited if incriminating evidence emerges in the future.

The Airbus scandal, which came to light on January 31, 2020, named Ghana as one of five countries where Airbus SE allegedly engaged in bribery or promised payments to high-ranking officials between 2009 and 2015. 

The UK's Serious Fraud Office (SFO) uncovered these allegations, leading to Airbus agreeing to a record £3 billion settlement with France, the UK, and the US to avoid criminal charges.

Following the scandal, President Nana Addo Dankwa Akufo-Addo referred the issue to the OSP for investigation. Former Special Prosecutor Martin Amidu had previously identified former President Mahama as 'Government Official 1' in the SFO's report. 

This identification was supported by the New Patriotic Party (NPP), but Mr Mahama denied the allegations, and no conclusive evidence was found to implicate him.

Recently, the OSP confirmed that Mahama is indeed the individual referred to as Government Official 1 (GO1) in the Airbus scandal. 

At a press conference on August 8, 2024, the current Special Prosecutor, Kissi Agyebeng, also identified Samuel Mahama, the former president's brother, as Intermediary 5. 

Despite these identifications, the OSP stated that there was no evidence proving Mahama's involvement in the acquisition process related to the scandal.

In response to the OSP's findings, Mr Kpebu stated in an interview with TV3 on August 10 that the absence of evidence at present does not preclude future prosecution. 

He underscored that the investigation could be reopened if new evidence comes to light.

“Now that Foster [Mahama’s brother] got that money, do you know how much he will contribute to JM’s campaign?" he asked on the Key Point show on TV3 on Saturday, August 10.

“John Mahama is lucky that because of Akufo-Addo and Bawumia corruption, he is coming but I don’t want to be lending support to the report that nothing happened in the Airbus issue]"

“It doesn’t bring finality. If tomorrow they find any evidence that is incriminating they will go back to it."