Thursday, 28 March

Gov’t pursues Airbus for more than $30m compensation

Politics
Information Minister Kojo Oppong Nkrumah

The government of Ghana has engaged a law firm to assist with the repatriation of its share of some $3.9 billion in fines imposed on Airbus by the joint justice systems of France, the UK and the US, Ghana’s Information Minister Kojo Oppong Nkrumah has revealed. 

Speaking to Accra-based Asaase Radio, Mr Oppong Nkrumah said the “government is aware that out of the $3.9 billion in fines imposed on Airbus, some $30 million relates to actions taken in Ghana.”

He added that the government has “since June, this year, been engaging with an international law firm that has got extensive experience in investigations and anti-corruption to see how they can best assist Ghana to repatriate our share of the fines, which can be put to good use.”

The Airbus scandal, investigated by the United Kingdom, the United States and France, led to the fining of Airbus, after the company, in light of fraudulent financial records, admitted to paying huge bribes to government officials in Ghana, Sri Lanka, Indonesia and Malaysia using family members of top officials, to secure aircraft contracts.

Mr Oppong Nkrumah said “there is history and precedence the world over” to indicate that Ghana could succeed in getting its share of the money, adding that “other countries that have succeeded in getting a repatriation of parts of international fines or damages [include] the United States and Kyrgystan.”

“We are optimistic that working through this channel [the law firm], we believe that we will be able to at least retrieve the $30 million component that accrues to Ghana, repatriated to Ghana so that we can put to good use in enhancing our anti-corruption institutions.”

A few weeks ago, Ghana’s Special Prosecutor, Mr Martin Amidu, who has now resigned, said he decided against interrogating former President John Dramani Mahama in connection with the Airbus scandal because the latter is the presidential candidate of the biggest opposition party in the country in the upcoming elections.

In his corruption risk assessment report on the controversial Agyapa Royalty deal, the Special Prosecutor also identified ‘Government official 1’ in the Airbus scandal to be Mr Mahama.

Parts of the report said: “This Office has established the identity of elected Government official 1 to be former President John Dramani Mahama, whose brother of the full blood is Samuel Adam Foster, also known as Samuel Adam Mahama.

“The only reason the former President has not been invited for interrogation (in spite of all threats from some of his followers and lawyers) is the fact that he got himself an insurance as the presidential candidate of the other largest political party in Ghana and prudence dictated that the interrogation be held in abeyance during this election season.

“The former President has also not offered to make any voluntary statement to this Office despite the publication of an alleged interview containing admissions purportedly made by the former President to a Daily Graphic reporter without the full voice recording, which, in the meantime, remains just hearsay”.

 Airbus saga

A judgment from the Crown Court at Southwark, UK, indicted Ghana alleging that contrary to section 7 of the UK’s Bribery Act 2010, Airbus failed to prevent its close associates or persons associated with them from “bribing others concerned with the purchase of military transport aircraft by the Government of Ghana, where the said bribery was intended to obtain or retain advantages in the conduct of business.”

The document stated that the bribery allegation took place between 2009 and 2015 where the European aviation giant engaged the services of a close relative of a high-ranking elected Ghanaian government official who served as an intermediary to facilitate the sale of three military transport aircraft to the government of Ghana.

“A number of Airbus employees knew that the intermediary was a close relative of Government Official 1, who was a key decision-maker in respect of the proposed sales.

“A number of Airbus employees made or promised success-based commission payments of approximately €5 million to Intermediary 5”, the document continued.

Also, the document pointed out that “false documentation was created by or with the agreement of Airbus employees in order to support and disguise these payments. The payments were intended to induce or reward “improper favour” by Government Official 1 toward Airbus.

Payments were eventually stopped due to the arrangement failing the due diligence processes required by the Liquidation Committee.

 

 

 

Source: ClassFMonline.com