The Special Prosecutor’s Office (OSP) has released former President John Maham for any bribery and irregularities after the investigation into the Airbus SE scandal, which began in February 2020.
On Thursday, August 8, 2024, the special prosecutor Kissi Agybeng said it could not prove that John Maham or a public official received bribes from Airbus SE.
As a result, the ASP did not find the basis for evidence that suggest that Samuel Adam Foster, also known as Samuel Adam Mahama, Philip Shun Middlemert and Lean Sarah Davis, acted as bribery management between Airbus staff and former President John Maham or any other public official.
Also, the ASP did not find the basis for evidence that Samuel Adam Mahama, Philip Shun Middler and Lean Sarah Davis received payments from Airbus to bribe former President John Draman Maham or any other public official.
In addition, the ASP did not find the basis for evidence that former President John Maham or any other public official paid bribes by Samuel Adam Foster, also known as Samuel Adam Mahama, Philip Shun Middlemerth and Lean Sarah Davis Military Transport Airbus noted.
John Dramani Mahama, a former president and now the National Democratic Congress (NDC) flag, was a vice president at the time of the accident.
Background search
Airbus bribery scandal breakdown
Airbus bought three military aircraft – C295. The people received its first C295 in November 2011. The second plane was received in April 2012 and the third in November 2015.
John Dramani Mahama, a former president and now the National Democratic Congress (NDC) flag, was a vice president at the time of the accident.
At that time, transactions covered them to match the Ghanaian Armed Forces 2009-2012. For the Strategic Plan.
All three purchases approved by Ghana’s parliament after a hot disagreement on the floor, the modern government traded round as a desire to modernize Ghana’s air forces.
Funding for aircraft purchase
Funding for the first two C295S was from 60,034,636 euro loan equipment from Deutsche Bank SAE
Additional Fidelity Bank Ghana Limited Loan from Fidelity Bank Ghana Limited also approved by Parliament to buy two DA42 MPP Guardian observation aircraft Ghana Air Force.
The house also approved the total loan amount of $ 105 370 177.09 from the Brazilian Development Bank (BNDES) to purchase the EMBRAER E190 Reactive Aircraft for the country. The EMBRAER Agreement had covered the related spare parts, the relevant accessories, and the construction of a sufficiently large aircraft hangar to place three large aircraft.
Before the approval of parliamentary loan agreements, the minority leader, Osei Kyei-Mensah-Bonsu had destroyed transactions both questionably and opaque, adding that the government had upholstered.
He submitted the numbers from the Internet to support his demands, but he was upset that they were more relied on on Google to come up with such serious allegations of violations.
One of the C295 obtained under the transaction supported the Mali of the United Nations. Others, as the government explained at the time, were bought to support the Ghanaian Air Force strategic operations, including the country’s oil production field, border patrols, Border Patrol training and internal troops.
In November 2014, then President John Mahama had announced that he plans to buy more military equipment, including five Super Tucanos, Mi-17 and Four Z-9, Ghanaian Air Forces.
At the time, it was claimed that Ghanaian troops had largely relied on civil flights due to their movements, and military aircraft were needed to correct this anomaly. Despite the criticism of the opposition, the government continued their purchase agreements.
British court judgment
The recent judgment of the Crown Court of England, Southwark, seems to have now given a new life to previous suspicions that agreements relating to C295s were corrupt. The decision of the January 21, 2020 approved the deferred prosecution agreement (DPA) between the Serious Fraud Office and Airbus’s subsidiary Airbus SE after the investigation revealed massive bribery scandals related to the aircraft manufacturer in violation of the 2010 bribery law.
The laws of England allow SFO to postpone prosecution against an organization based on an agreement between the SFO and the company or companies, which are considered to have committed economic crimes.
Such an agreement – (DPA) – requires the court approval to become legal, which may even allow the offending authority to avoid the prosecution of the crime.
In its decision on such applications, the Court is considering, among other things, whether the DPA is in the public interest.
The terms of the contract must also be fair, reasonable and proportional.
In the present case, the Court acknowledged that the DPA was in the public interest and that the rules have agreed to execute tests of justice, intelligence and proportionality.
The court considered that Airbus’ prosecution would now, among other things, losing mass jobs and reducing the company’s operations in the stock market immediately to the long run.
Independent estimates show that Airbus could easily sharpen about £ 200 billion in the long run if it is immediately faced with prosecution.
The judgment stated that the SFO investigation revealed that Airbus – which has since agreed to pay more than £ 3 billion in pounds – are involved in schemes that included their way to lucrative treaties in countries like Malaysia, Sri Lanka, Taiwan, Taiwan, Indonesia And enough.
The French and US authorities have also found similar evidence of possible bribery related to Airbus officials and their agents in other countries, including Russia and China.
In the case of Ghana, the Crown Court’s judgment emphasizes cases where Airbus officials as part of the scheme to obtain and maintain contracts with the government, either bribe or agreed to bribe intermediaries with close bonds with a high -ranking public official. Aircraft purchase plans from 2011 to 2015.
The court documents did not mention the words, but the deadline specified in the judgment applies to some of the periods of the Mills-Maham.
The first agreement on the payment of bribes in Ghana was to involve about € 5 million, which was masked as a commission for the intermediary – “Intermediary 5”, which was made by Airbus to facilitate its proposal to sell two C295 aircraft to Ghana. Eventive, proper process tests revealed the questionable agreement and the money was not paid.
In the end, the tests of a proper process revealed dubious measures and no money was paid.
Further Airbus approaches were successful, resulting in quite some time with multinational subsidiaries of Spain, buying 3 C259 aircraft.
The transactions were organized through a number of intermediaries led by the “mediator 5”, which is believed to be a relative of a strong grazing official who was in the decision -making position for the proposed aircraft purchase agreements at the time.
However, after an internal investigation revealed a link between 5 intermediaries and unnamed Ghanaian officials unnamed high -ranked government, half then hatched a scheme to deal with the third party of Spain’s origin with which the company had no previous deal.
The Spanish company was transferred as a coordinator of the proposed aircraft purchase agreements, when it was actually only placed in the measures to circumvent the legality test requirements to grant a clean health bill for a dubious transaction. In conclusion, the transaction with the shepherd, according to which two aircraft were originally sold, Airbus or its agents relied on false representations and documentation to pay the bribe amounts of nearly € 4 million to the Spanish third party, which in turn made payments to the 5th. In the area
Payments were masked as a commission for the amount of the contract. The Spanish third -party company pulled out the next deal, which handed over its third C259 aircraft. This happened after Airbus had submitted an external adviser for a proper examination. Intermediate 5 The following statement that Airbus owed him about € 1.6 million, according to a transaction covered by the third C295, was not honored.
The DPA does not mean that Airbus and its officials are immune to prosecution for possible crimes.
According to the laws of England, the SFO has the right to prosecute Airbus at a given time if the company has not fulfilled the rules approved by the Court.
Indeed, the ongoing investigation means that although SFO, due to cooperation so far, could opt out of the prosecution of the aircraft manufacturer, it can after the investigation leads to criminal acts against persons actually paying or received bribes complained .
Such a step is likely to include intermediaries in Ghana and related persons. In this case, the SFO may rely on the rules of mutual legal aid (MLA) in accordance with the laws of England in order to make the charges in question.
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