According to private legal practitioner Martin Kpebu, the absence of evidence implicating former President John Dramani Mahama in the Airbus bribery scandal does not necessarily indicate that no misconduct occurred.
Speaking on TV3’s Key Points program on August 10, Kpebu argued that the Office of the Special Prosecutor (OSP), a key investigative body in Ghana, which found no evidence of bribery involving Mahama, does not definitively conclude the matter.
Kpebu suggested that while the current investigation has not yielded incriminating evidence, the issue could be revisited should future evidence arise.
“John Mahama is fortunate due to the corruption controversies surrounding Akufo-Addo and Bawumia, but I do not support the notion that nothing happened in the Airbus case,” Kpebu stated.
He described the OSP’s report as a temporary truce rather than a conclusive end, emphasizing that the matter could be reexamined if new evidence surfaces.
The OSP’s recent findings, disclosed on August 8, identified Mahama as “Government Official One” in the Airbus case, a designation confirmed by both UK and US courts.
The OSP clarified that Mahama, Vice President of Ghana from January 7, 2009, to July 24, 2012, was implicated in the ongoing investigations.
The Airbus scandal revolves around Ghana’s acquisition of three C295 military aircraft. The first two were delivered in November 2011 and April 2012, with the third arriving in November 2015.
The purchases, approved by Ghana’s Parliament amid considerable debate, were part of a broader effort to modernize the country’s Air Force.
Funding for the aircraft involved loans from Deutsche Bank S.A.E. and Fidelity Bank Ghana Limited and a substantial loan from the Brazilian Development Bank (BNDES) for an Embraer E190 jet.
Minority Leader Osei Kyei-Mensah-Bonsu scrutinized these transactions, critiquing them as questionable and non-transparent, though his claims were initially dismissed.
Recent judgments from England’s Crown Court in Southwark have revitalized suspicions surrounding the C295 deals.
The court approved a Deferred Prosecution Agreement (DPA) between the Serious Fraud Office (SFO) and Airbus SE following revelations of widespread bribery involving the aircraft manufacturer.
The SFO’s investigation uncovered schemes in multiple countries, including Ghana, where Airbus officials reportedly engaged in bribery to secure contracts.
The court’s decision, which allowed Airbus to avoid immediate prosecution, is contingent on the company’s compliance with the DPA terms.
The SFO retains the right to prosecute Airbus or the individuals involved if evidence of non-compliance emerges.
This ongoing investigation could involve intermediaries and other individuals implicated in the bribery schemes.
