John Mahama
The Special Prosecutor, Kissi Agyebeng, has disclosed the identities of individuals involved in the Airbus scandal, previously referred to as Government Official 1, Intermediary 5, Intermediary 6, and Intermediary 7.
According to him, former President John Dramani Mahama was the Government Official 1 or Individual 1 cited by UK and US courts during investigations into Airbus’ sales of C-295 aircraft to Ghana.
In a report on the scandal, the SP said Intermediary 5, or Consultant 4, is Samuel Adam Mahama, also known as Samuel Adam Foster, who is both a UK and Ghanaian citizen, and the younger brother of John Dramani Mahama.
Mr. Agyebeng indicated that Foster was adopted by a British couple in 1972 and lost touch with his Ghanaian family until 1997.
He narrated that Intermediary 6, or Consultant 5, is Philip Sean Middlemiss, an English television and radio actor and businessman. He is a UK citizen and close friend of Samuel Adam Foster.
For Intermediary 7, the SP disclosed that she is Leanne Sarah Davis, a UK citizen and partner of Philip Sean Middlemiss.
The SP explained that his interest in unveiling the identity of the individuals involved in the Airbus scandals stemmed from the referral and judgments of the UK and US courts, which raised reasonable suspicion of corruption and corruption-related offenses, including bribery of public officers and the use of public office for private profit.
He pointed out that this led to the commencement of a preliminary investigation under Regulation 5(1)(b) and subsequently, a full investigation under Regulations 5(1)(c) and 6 of the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374).
The report said through independent inquiry, the SP revealed the identities of the subjects of the investigation due to the heightened public interest in the fact that Airbus’ conduct was aimed at courting undue favour and advantage from Ghanaian public officials and an elected high government official in the sale of C-295 aircraft to Ghana, as well as the individuals closely associated with or conduits of such undue favour and advantage.
Mahama’s Interview
In a recent interview with the Office of the Special Prosecutor (OSP), former President John Dramani Mahama shed light on the circumstances surrounding the acquisition of the CASA C-295 aircraft from Airbus, a deal which has been marred by allegations of corruption.
According to Mr. Mahama, the Ghana Air Force submitted a proposal to the government on April 14, 2009, during the presidency of John Evans Atta Mills, to replace its aging transport fleet. Initially, the Air Force recommended acquiring the C-27J Spartan aircraft from the United States government. However, due to delivery delays and a significant price increase, the Air Force was forced to explore alternative options.
“After a thorough selection process, the Air Force chose the CASA C-295 aircraft from Airbus, which met its operational requirements at a lower cost and guaranteed delivery by the end of 2011. The Air Force then informed the Minister for Defence of its decision,” it said.
According to Special Prosecutor Kissi Agyebeng, former President Mahama denied any wrongdoing in the acquisition of the CASA C-295 aircraft from Airbus.
He noted that Mr. Mahama maintained that the decision to purchase the planes was made professionally by the Ghana Air Force and Military Command, with broad consultation from relevant state institutions, including the Ministries of Finance and Defence, and ultimately received parliamentary approval.
Investigation Outcome
The report stated that OSP’s investigations suggest a systematic approach to acquisition, contradicting allegations of improper influence or corruption in the Airbus deal.
According to him, the investigation has shed light on the Ghana Air Force’s acquisition process, revealing a thorough and multi-step procedure driven by national and operational needs.
The report said when a requirement is identified, the Air Force Command develops a technical paper, inviting providers to submit their technical details, logistics support, and cost proposals.
“If a provider meets the necessary criteria, a formal sales and purchase agreement is drafted for the Air Force’s consideration,” the report noted.
“The process involves stakeholder meetings with representatives from the Air Force, Attorney-General’s Department, and Department of Legal Services of the Ministry of Defence, Judge Advocate General’s office, and the provider.
“This ensures a transparent and rigorous evaluation of potential assets, prioritising the country’s operational needs.
“These meetings aim to reach a consensus on any outstanding issues and conflicting positions, leading to amendments to the draft agreement,” portions of the report read.
It said once finalised, the agreement is submitted to the Ministry of Defence for Cabinet and parliamentary approval. The Air Force then establishes a compliance team to collaborate closely with the provider, ensuring that the delivered items meet the agreed specifications.
The processes leading to the Government of Ghana’s purchase of three C-295 twin-turboprop military transport aircraft from Airbus followed a similar pattern. Parliament approved these transactions in 2011.
The SP said according to Ghanaian law, there was nothing unusual about this deal.
It would likely not have garnered attention in the UK and US Deferred Prosecution Agreements (DPAs) or made international headlines if not for the involvement of former President John Dramani Mahama, his full-blooded brother Samuel Adam Foster (also known as Samuel Adam Mahama), and their associates, as highlighted in the UK and US DPAs.
By Prince Fiifi Yorke