GHANA:$850,000 fraud case takes another turn

The $850,000 fraud case involving two lawyers took another turn Thursday when the trial judge who had been authorised by the Chief Justice and the Attorney-General to hear the matter told parties in the case that he had been restrained from further hearing the matter by a High Court judge. The trial judge, Mr D. E. K. Daketsey, told the prosecution and the defence teams that he had been served with an order of injunction restraining him from hearing the case until the determination of a suit brought against him by the two lawyers. According to the judge, the lawyers, Joseph Kwame Owusu Asamani and Ekow Amua-Sekyi, who are facing charges of forgery and fraud, sought the order from the Human Rights Court, presided over by Mr Justice U. P. Dery, last Friday. According to counsel for the two lawyers, Mr James Agalga, November 12, 2009 had been fixed for hearing the motion for an order of prohibition directed at the judge whom his clients had accused of making bias statements against them. The prosecution had stated that the two allegedly prepared a Deed of Assignment, unknown to the complainant, Gordon Etroo, scanned his signature on it, registered it at the Lands Registry and presented it to Howard Eric Ewen, the Managing Director of Keegan Resources, who also signed. On March 18, 2007, the two allegedly forged a judgement titled 'Axex Company Limited versus four other defendants' and inserted an order by a High Court judge for the recovery of a mine known as Bonte Esaase Gold Mine. According to the prosecution, the two lawyers, without the knowledge of Samuel Etroo and Mr Kwame Opoku, initiated a civil suit number BL35/07, as 'Kwame Opoku versus Sametro Company Limited'. However, the two have not appeared before the court to answer the charges. The trial judge, Mr Daketsey, who did not disclose the grounds of the injunction, said he had since been served with a writ of prohibition by the two lawyers. The lawyers were said to have sought the order on the grounds that the judge was likely to show bias if he went ahead to hear the case against them. The judge told prosecutors and defence lawyers that he had instructed his solicitors to contest the case because he had no personal interest or whatsoever in the case. He also told the parties in his chambers that he felt aggrieved because the two lawyers had, on a countless number of occasions, refused to appear in his court to answer charges levelled against them. Obviously aggrieved at the turn of events, Nana Ato Dadzie, who is counsel for the complainant in the case, told journalists that the common practice was for the lawyers to be in court to state why they were absent. He said the case had had a chequered history because it took more than two years for the lawyers to be put before court. He said the Attorney-General called for the docket for study and on October 22, 2008 she formally wrote to the court authorising it to proceed with the case, adding that the Chief Justice had also authorised the judge to hear the case. Nana Ato Dadzie said although the two lawyers were at liberty to go for a prohibition order, he was of the view that such antics were calculated to frustrate the court process. He also indicated that his client was an interested party and he, therefore, intended to join the suit the Human Rights Court. He further indicated that the interest of justice would be served if all parties had their day in court. No definite date has been fixed for the hearing of the criminal matter due to the latest twist. Source: Daily Graphic/Ghana

NDC Corruption: DFID Whistleblower Says £18m Vanished In '99

Is Britain's aid money well spent? One expert working in Ghana raised doubts - and was sacked. Rosie Waterhouse on the whistle-blower and the missing £18m Howard Horsley is an idealist, committed to overseas aid.

Over the years he has worked as a volunteer, a paid teacher and a VSO field officer in Africa. Then, in 1999, at the age of 54 and with a successful career as a headteacher in England behind him, he applied for a job with the Department for International Development (DfID).

"I was thrilled by the expansion of the overseas aid programme under the newly elected Labour government and keen to make my expertise available," he recalls. In May that year he took up a post managing the education field office (EFO) in Ghana, administering a British aid programme worth £50m over five years.

He liked Accra, the capital, and made plans for his wife to join him, but within a few weeks he began to notice things at work that he didn't like. As months passed, he grew more and more concerned about what he describes as "lax financial controls, unchecked powers of patronage and the potential for mismanagement and corruption".

He reported these concerns to DfID in London in e-mails, memos and telephone conversations. Yet, instead of seeing them investigated, Horsley was summarily sacked and denied a reference. It was a personal calamity. For the past five years, this former head of a tough Grimsby comprehensive, who has a glowing Ofsted report on his record, has been unable to find work. With the vigorous support of the MP Austin Mitchell, who describes his treatment as "monstrous", Horsley has fought to have his case reviewed and his complaints investigated. Now he has decided to tell his story.

It is a story that raises important questions about DfID's control over aid spending - at a time when the G8 summit has just agreed to double aid to Africa by 2010, and when our government is assuring us that our aid money is not seeping away through corruption and poor management. And, while the government insists it has done nothing wrong, uncertainty remains about its past procedures and about the fate of no less than £18m in aid.

More worrying still, it is now clear that Horsley was not the first British aid official in Accra to raise doubts about financial control. At the time he went to Accra, Britain's policy for distributing aid had shifted from big projects to local programmes administered through the Ghana Education Service, with staff at the British education field office working alongside officials in the Ghanaian education ministry.

Horsley soon heard complaints from other aid agencies, and from the Ghanaian minister and his officials, about the way money was spent and contracts awarded without adequate accounting or monitoring by DfID. Incidents included a request to authorise spending of £32,000 on office furniture, when the furniture had already been bought; the failure of DfID to provide the Ghanaian education minister with a full statement of how education aid was being spent, and the potential use of aid as, in Horsley's words, "a means of dispensing personal favours".

The most mysterious incident came after Horsley was told by the Ghanaian deputy education minister in August 1999 that Clare Short, the then secretary of state for international development, had pledged an extra £18m in aid. When none of this money turned up, Horsley made inquiries with the Ghanaian accountant general - who, he says, confirmed in September 1999 that it had been received by the government.

The money, however, did not find its way into the usual education aid channels, so Horsley, alarmed about the fate of such a sum and about the other problems he had found, wrote to London requesting a formal, independent investigation of the conduct of DfID affairs in Ghana.

Soon afterwards, on a working trip to northern Ghana, he caught typhoid and returned to Britain to recuperate. On his recovery he was called to a meeting at DfID headquarters on 6 January 2000. He thought this was to discuss the investigation he had requested and also to complete his midterm performance review, but he arrived to find that it was a disciplinary hearing. It didn't last long. Blamed for a breakdown in communication and a lack of coherence in the presentation of policy, he was sacked with immediate effect. Horsley strenuously denied the charges and received strong support from international colleagues, but, when he returned to Ghana to assemble evidence for his appeal, he found that his filing cabinets had been emptied and his computer files professionally wiped.

DfID then withdrew his formal right of appeal and threatened him with the Official Secrets Act if he spoke out. Claiming protection as a whistle-blower under the Public Interest Disclosure Act, Horsley sought to have his dismissal investigated first by DfID itself and then at an employment tribunal. The tribunal said it had no jurisdiction because he had not been employed for long enough and had not lodged his Public Interest Disclosure Act claim soon enough.

The civil service commissioners brushed him off, too, saying they could not investigate as DfID claimed he was employed on contract, not as a civil servant. The case has outraged Austin Mitchell, who raised it in the House of Commons and has written to Hilary Benn, the current Secretary of State of International Development, asking for an independent inquiry. Mitchell told the New Statesman: "As a result of his attempt to blow the whistle on financial inadequacies and possible maladministration, this man has been out of a job for nearly six years and that's a monstrous way for DfID to behave.

They made Howard a sacrificial victim. He was an embarrassment in raising these concerns. The proper procedure should have been to investigate complaints and tighten up procedures. They didn't do that." One body that has investigated DfID aid to Ghana is the National Audit Office (NAO), which reported in a letter to Mitchell: "At no point . . . has any evidence emerged to suggest that financial impropriety or mismanagement occurred within DfID."

But the letter added that "investigations revealed areas where the department might usefully tighten up its procedures and controls, which they are doing". As for the mysterious £18m, the audit office initially said that DfID claimed no such amount had been paid to Ghana in 1999. Then, in May 2003, the NAO admitted that £18m had been paid, in 2000, as "budgetary support". It explained: "It follows that for payments of budgetary support it is not possible directly to answer the questions 'What was it for?' or 'How was it spent?', except to say that it added to the resources available to the government of Ghana." This is a remarkable admission: put bluntly, it means that neither DfID nor the NAO could say what became of £18m of British taxpayers' money.

Since that investigation, the NAO has tightened up accounting procedures for aid spending in general and for "budgetary support" in particular. Howard Horsley is entitled to some credit for this, though he has had no thanks for his efforts. DfID maintains that any weaknesses in its financial procedures have been addressed and that Horsley's dismissal was "wholly related to his performance, which did not meet the requirements of the job".

It says: "All parties across Whitehall have been satisfied that DfID acted correctly in relation to Mr Horsley's dismissal and found no evidence of financial impropriety." Horsley authorised DfID to release documents to the New Statesman to clarify the grounds for dismissal. He says they prove that DfID never carried out the investigation he requested weeks before his dismissal and also that it ignored its own disciplinary procedures in sacking him.

But the story does not end there, for, in the course of his campaign, Horsley discovered he was not alone in raising concerns about aid to Ghana. His predecessor there had raised similar doubts about an "absence of checks and balances". Howard Tyers, who now works at Westminster University, has confirmed to the New Statesman that in his time at the Accra EFO he made "a number of complaints" about payments for an expensive office and also for Land Cruisers of an unnecessarily high specification, purchased without the usual tendering process.

Worryingly, after these complaints Tyers's tenure in Ghana also ended strangely. His contract ended in March 1999, but he asked for a three-month extension because he had to remain resident in Ghana, as his daughter was completing her A-levels. This request was rejected in London, and it was only after an appeal by the Ghanaian education ministry that he was allowed to stay.

However, he was sidelined to a research project and denied access to the EFO. And, like Horsley, he found his computer files wiped. The experiences of Horsley and his predecessor raise questions that should worry anyone who cares about aid. Does DfID respond properly to concerns about financial management? Does it ensure that new aid is spent wisely, with transparency and adequate financial controls? DfID says yes, but unless whistle-blowers are encouraged and protected, how can we be sure?

How does Horsley feel? "Angry that DfID has still held no one accountable for what was going on in Ghana; that no one has been held accountable for my entirely unjustified dismissal; that there has been no hearing, anywhere, on the merits of my case. And appalled that DfID can demand good governance in other countries and still fail to meet the most basic standards of good governance in its own internal practices."

He is angry, too, at the waste of years of his career. Despite the emotional and financial costs, he remains determined not to let the matter drop. Transparency International, which campaigns against corruption in aid and trade, would not comment on the case, but its executive director, Chandrashekhar Krishnan, was clear about one thing: "Any development organisation should have a policy of encouraging whistle-blowers and of ensuring that, if someone has suspicions to report, there is a mechanism to allow that person to express those concerns in a way which will not attract recriminations." The Horsley case does not seem to match that standard and it will deter, not encourage, future whistle-blowers.

Source: The Statesman - The Statesman

No wonder education in Ghana under NDC, Rawlings and Mills suffered a serious set back because of corruption.

Malpractices uncovered in NHIA in Volta - Akototse

Ho, GNA - Mr Elliot Nestor Akototse, Volta Regional Manager of the National Health Insurance Authority (NHIA), has said that serious malpractices were uncovered during "clinical auditing" of the scheme in the region.

He said that the NHIA would evaluate the findings and take the necessary actions.

Mr Elliot Nestor Akototse was speaking at the opening of a three-day strategic planning seminar for personnel of the National Health Insurance Scheme (NHIS) in the Volta Region, in Ho on Friday. The seminar which was on the theme: "Delivering on the NHIS promise", was to brainstorm on the successes and challenges of the policy five years after it was started, and to strategize to strengthen it. Mr Joseph Amenowode, the Regional Minister, who opened the seminar, promised to facilitate efforts aimed at preventing people from sabotaging the scheme.

The Minister said that he was aware that some miscreants had been identified in the exercises and that Volta Regional Coordinating Council (VRCC) would help tackle fraudulent deals. "We members of VRCC shall broaden and intensify our monitoring and coordinating activities to strike out and bring to book persons whose activities seek to frustrate the suucessful implementation of the NHIS in the region and the country at large", Mr Amenowode said. Mr Syvelster Mensah, Chief Executive Officer of the NHIA, in a speech read for him, said the Authority would provide training to raise the competencies of the staff and also build administrative linkages among the various schemes on one hand and the schemes and Authority on the other hand. He said that managers of the scheme would be required to sign performance contracts and that "performance management would now be a very vital part of our staff appraisal and reward system".

Source: GNA

Fighting Corruption is a Must!

What some of us have feared all these years appears to be manifesting. We have been apprehensive that although the various governments of this country have indulged in loud but empty rhetoric about fighting corruption, they are least prepared to do so practically. Either by design or a willful determination to subvert their own measures to fight corruption, these governments have done one thing in one breath against corruption only to undo that very thing in the same breath. While the various Presidents in this 4th Republic have declared openly their determination to fight corruption, they have failed to provide the practical support to institutions and people entrusted with the anti-corruption drive. It happened under JJ Rawlings and was intensified under Kufuor. Now, under President Mills, that same picture has been painted. Corruption is rife in Ghana and Ghana’s position on the global corruption index has not changed in any positive way because the government lacks what it takes to stem corruption. There is no hope for us if what has been happening doesn’t abate. And now, if one bold individual stands up to lead the fight against corruption, his life is endangered. A justice of the High Court, Mr Justice Iddrisu Mahamadu says his life is in danger following the trial and conviction of six policemen and four civilians for robbery over which he presided. The threat to Justice Mahamadu’s life was reported to the Inspector-General of Police, Mr. Paul Tawiah Quaye, by the Chief Justice, Mrs. Justice Georgina Wood. In her report, the Chief Justice told the IGP that following the conviction of the six policemen and four civilians by Justice Mahamadu, he has received numerous threats to his life. The scenario at the court premises portended what is being dreaded today. As reported (Reference: JoyFM Online, Saturday, November 21, 2009): “Soon after their conviction, some of their family members wailed and vented their anger on the judge and some journalists outside the courtroom. They openly cursed and rained unprintable insults on the trial judge, who was escorted to his vehicle by court clerks and policemen.” That’s not the first time such a negative conduct has come to notice. When Justice Henrietta Abban convicted Tsatsu Tsikata, she was subjected to similar threats and name-calling. Others have had their share of such ill-treatment even if not reported. This appeal for protection for Justice Mahamadu raises several concerns that the government must address immediately. As part of the efforts to fight corruption and crime, the government must go beyond mere political rhetoric and massaging of public feelings. When the Kufuor government took action to prosecute NDC functionaries it accused of “causing financial loss to the state,” the NDC rose up in arms. Politicized as issues might be, there was evidence that corrupt practices took place and that the individuals being tried were actively involved in it. At the turn of the political table, the Mills government began taking action against the NPP functionaries whose corrupt acts (e.g., snatching government property) were evident; but what did we see? The NPP elements also rose up in arms, threatening hell-fire and brimstone. As if cowered into submission by such threats, the Mills government budged, creating a bad-blood relationship between itself and the rank and file of the NDC who think that the NPP elements were corrupt and should be punished. By rising to the defence of those perceived as corrupt, their sympathizers hinder the anti-corruption drive. Can the fight against corruption really succeed if people rush to defend those known for being corrupt? How do we perceive or conceive corruption as a moral canker or socio-economic and political vice that we must fight to the hilt? Corruption is the root cause of the high crime wave that our country faces. By its very nature, corruption doesn’t mean only bribe-taking, as most people wrongly conclude. Any act that goes contrary to the norm qualifies as corruption. The Christian Gospel gives us a good example in the form of “adultery,” where Jesus says that adultery is committed even if the individual merely looks at the other’s erogenous zone (be that the backside or breasts) and has mental pictures that arouse sexual pleasure. It is something psychological—conceived in the mind’s eye as an imaginary sense of consummation (be it swallowing saliva at the prospects or fantasizing about the pleasure to be derived from a practical conjoining of sexual passions). In effect, the mental picture of sexual appetite alone is enough evidence of adultery (corruption) even if the act itself is not physically carried out in the end. In the case of corruption in the public or private sectors of national life, we can identify instances: Tribalism and nepotism in the choice and appointment of office holders, recruitment into the security services, or any other institution; Favouritism in the promotion or laying off of workers (especially under the policy of redeployment or retrenchment); Award of contracts (whether going through appropriate layers of bidding or not) to preferred candidates and ripping off profits in the form of kickbacks; Sidestepping official procedures for managing offices and national assignments (e.g., procurement—over-invoicing or under-invoicing for personal gains); Creating conditions conducive to the greasing of palms (e.g., in the nomination and choice of candidates for enstoolment as chiefs/queenmothers; sale of land; etc.); and Giving or accepting gifts (e.g., foodstuffs, money, tangible or intangible items, etc.) before performing functions within one’s purview (doing in office what one was hired to do and be paid for). The Church and its pastors are known for their crusading sermons against corruption; but how many of them haven’t been taken to task for abusing their office, preaching against immorality but indulging in it? Judges have been accused of bribe-taking; personnel of the security services (e.g., customs and immigration officers) have done corrupt things; the politicians are known for indulging in corrupt practices (wife-snatching, visa racketeering, abuse of office, etc.); civil servants have institutionalized measures to collect bribes from people calling for processing of their documents; the police collect bribe in the open; school administrators collect bribe before they admit students; many more. Who will claim not to be part of this racket of corruption in Ghana? Communalistic as our Ghanaian body politic is, one accepts the fact that the milk of human kindness flows through our human streams. Thus, it is not strange for someone “to know” another person in authority somewhere who is capable of helping a distressed person in one way or the other. That’s our natural bent. But when this natural bent is overstretched so as to become problematic, we must pause to reconsider it and make amends. We have reached a stage where such a drastic reconsideration must be made if we want to fight successfully corruption and its attendant negative consequences. Recourse to the laws that prohibit corruption is our first step. But where do we start from? There appears to be confusion in terms of what constitutes a “gift,” on the one hand, and what amounts to “corruption” (bribery), on the other hand. I have been given to know that somewhere in our Criminal Code (Act 29 of 1960) is a clause that enjoins any member of the Police Service, for instance, who is given any gift by anybody to declare it to the IGP or face severe sanctions. If that is the case, to whom does the IGP declare any gift he/she receives? The constitution explicitly calls for the declaration of assets by the President and government officials at specific times. But what have we had so far? How will we know their standing at the time they enter office so as not to accuse them of corruption when their assets begin piling up? Do you remember Isaac Edumadze of the NPP while he was in charge of the Central Regional Administration? Now, the searchlight is on Ama Benyiwa-Doe of the NDC. The Northern Regional Minister and the NDC Regional Chairman have been trading accusations of bribery and corruption against each other. Other instances of corruption have come to notice, but the government doesn’t seem to care a rap about such public apprehensions. Allegations of corruption deserve to be followed up and investigated for us to know what the truth is. Kofi Wayo has already accused President Mills and his NDC government functionaries of positioning themselves to benefit from a $14-million Vodafone bribe, but no one has batted an eyelid in government or the anti-corruption institutions. Hello, Mahama Ayariga and Alban Bagbin; are you there? The MP for Asikuma-Odoben-Brakwa, P.C. Ofori-Appiah, has cried himself hoarse on bribery allegations against the Kufuor-led NPP government until this era of the NDC. His fellow NPP functionaries derided him as “mad” and pooh-poohed his allegations. Even if he is “mad,” does it mean that his allegations too are “mad”? What has anybody done to follow the numerous leads that he has provided? Instead of doing so, the government is frozen and turns attention elsewhere. How can we truly say that we are interested in fighting corruption if we do not regard allegations against public officials as worth our bother? Many of those who openly express contempt for Rawlings appear to be doing so because they “hate” him for professing a strong abhorrence for corruption and presiding over the shooting to death or imprisonment of Ghanaians that his military governments (AFRC/PNDC) accused of corruption but failing to live by his own words. The allegations of bribery involving the late Abacha of Nigeria, the Scancem (Norwegian) case, trial of Nana Konadu-Agyemang-Rawlings over Caribdem, and many other instances featuring his name readily come to mind, although no one has yet pinned him down. The point is that such allegations create credibility problems and deflate confidence in the fight against corruption. Institutions that have been established to fight corruption have been systematically starved of funds and their personnel brow-beaten into fearing for the security of their jobs if they dare perform the very functions for which they were hired and paid monthly. In effect, our governments have adroitly turned those institutions into paper tigers while massaging public feelings that they are fighting corruption. The Serious Fraud Office should by now have been well-established and supported to perform its legitimate functions. Instead, it appears to be falling prey to the vicious political game that the party in power lures it into. The truth is that the SFO is impotent. As for the CHAJ, it is doomed already. The Criminal Investigations Department of the Police Service is also mired in corrupt practices by its personnel and has lost public confidence. Under Kufuor, the loss of quantities of cocaine from the custody of the Police and several other corrupt acts by the police personnel themselves over the years have completely dented the image of the Police Service. It cannot purge itself of such a sordid image nor is it clear what it can do to repair it. If the people who are recruited to fight corruption are themselves corrupt, where is the guarantee that the fight against corruption will ever succeed? We have reached a stage in the handling of national affairs to know that we cannot make any progress if we do not allow the laws of the land to function effectively. We can’t help but turn to the United States for examples. In the U.S., the law doesn’t only bark; it bites very deep. It doesn’t matter who is involved; the law will not spare anybody who falls foul of it. That’s why the US citizens fear the law. They know that they will not be spared. Remember the case of the former Governor of Illinois (Rod Blagojevich) and the former Congressman Jefferson whose corrupt deals reached Ghana for which he has just been convicted? Even officials at the White House face the full rigours of the law if they misbehave. In our case, it is the reverse because the very people who are entrusted with enacting, interpreting, or enforcing the law are the first to flout it with impunity. Nobody seems prepared to do what will instill “the fear of the law” in anybody. There are grandiose designs on paper to fight corruption, which every government functionary openly refers to, but does not fear or comply with. Human and infallible, though we are, there is hope that if we do the right thing, we will shame the devil. Are we prepared to do the right thing to stem corruption and purge ourselves of greed and filth? President Mills needs to know that his government cannot escape blame if it does nothing concrete to stem corruption. The fact is that if he presents himself as incorruptible (as JJ Rawlings has bored us with), he will not make any difference. It is the institutions of state that must be strengthened to make corruption unattractive, not one or two individuals projecting themselves as such. When our institutions are strong enough to stem corruption, the individuals will not be tempted to indulge in it. As President Obama has already cautioned us, the time has come for us to break away from the mentality of “strongmen” to that of strong institutions of state! That is how countries brave the storm and move forward. Ghana must move forward too. I challenge President Mills to make the difference in the fight against corruption. By Dr. Michael J.K. Bokor E-mail: mjbokor@yahoo.com

Investigate N/R Minister; NPP youth in Tamale demand

Northern Regional Minister, Stephen Sumani Nayina Youth of the opposition New Patriotic Party in Tamale, want the Mills government to investigate allegations that the Northern Regional Minister sold four pick-ups belonging to the RCC to himself. The group is also asking that Mr Stephen Sumani Nayina be probed over claims that he dabbled in the sale of contracts in contravention of laws which dictate that such contracts be awarded through a competitive bidding process. The Northern Regional Chairman of the ruling National Democratic Congress, Alhaji Sumani Zakari last week levelled the allegations against Mr Nayina in a feud that saw the two throwing mud at each other. The regional Minister denied the allegations, accusing the Chairman of grabbing six out of sixteen road contracts awarded in the region. But a statement signed by the NPP youth spokesperson Salifu Sule, and issued in Tamale, says the allegations needed to be investigated particularly because they came in the wake of similar ones made against Mr Nayina. According Joy FM’s Northern Regional Correspondent, Mahama Shaibu, the NPP youth say Mr Nayina’s denials were not enough, arguing only an independent body could exonerate him of the charges. The group believes the president would be dealing his promise of vigorously fighting corruption a heavy blow, if he failed to investigate the matter. Story by Malik Abass Daabu/Myjoyonline.com/Ghana

M&J saga: Deadline extended for officials

Emile Short, Commissioner of CHRAJ The Commission on Human Rights and Administrative Justice (CHRAJ) has extended the deadline for some of the officials who were mentioned in the Mabey and Johnson (M&J) bribery affair to present their responses. This follows requests from the affected officials for more time to respond. Consequently, Messrs Baba Kamara and Kwame Peprah have been given up to Friday, November 20, 2009 to respond to CHRAJ’s queries, while Alhaji Ahmadu Seidu was given up to Wednesday, with Mr Ato Quarshie’s response expected by the close of Tuesday, November 17, 2009. The Commissioner of CHRAJ, Mr Emile Short, who disclosed this, said the decision to resort to the courts to compel the implicated officials to respond had been put on hold because of the extension requested and granted. He confirmed the receipt of some information from Dr George Yankey’s lawyers seeking to show that the former had not been implicated in any court suit. He added that all the government officials allegedly implicated were never arraigned before the UK court, nor were any charges preferred against them. The UK court could, therefore, not have convicted them, though the court, on the basis of evidence given by M&J, accepted statements by the company that it had set up a special fund from which bribes had been paid to government officials to secure and maintain their contracts. “Our investigation, therefore, is based on the statement by the company which the court accepted and our objective now is to determine whether the evidence given by the company is supported,” the commissioner said. “This requires laying hands on documents the courts relied on in the decision, but it has not been very easy to get all the documents. Efforts at getting those documents from the Serious Fraud Office (SFO) of the UK are proving difficult, primarily because the issue boarders on trans-national crime,” he said. Mr Short said with trans-national crime, there was the need to invoke the Mutual Legal Assistance Scheme Agreement, an agreement of co-operation in the investigation of trans-national crime between countries that requires the use of a central authority in each country where these crimes have been committed and are being investigated. In the case of Ghana, the central authority is the Attorney General (AG), while in the UK it is the Home Office. Although CHRAJ has the court proceedings, and the AG has submitted to the commission all the documentation on the matter, it still does not have certain relevant documentation referred to in the judgment and a request has gone through the central authority of Ghana, the AG’s Department, through the UK Home office to the SFO in the UK. Mr. Short, expressing the difficulty in its investigation process into the matter, stated that if it had been a local investigation, CHRAJ could have compelled anyone to produce the evidence needed, explaining, however, that its jurisdiction did not extend outside the borders of the country and so it could not do that in this matter. He underscored the fact that the M&J case had been decided on a plea-bargain agreement, in which the company decided to admit to wrongs in return for a less stiff punishment, saying that such cases would not have any witnesses to testify, a situation which added to the difficulties. Meanwhile, CHRAJ is studying the rules covering a grant on the acquisition of tractors by co-operative and small-holder farmers in respect of a petition against the Presidential Spokesperson, Mr Mahama Ayariga and Mr. Ato Ahwoi. The two have, meanwhile, submitted their responses to queries from CHRAJ after petitions had been lodged with the Commission that the two used their positions as public officials to acquire the tractors meant for rural poor farmers. Mr Short said the Commission would come up with the next step to take after studying the agreement. Source: Daily Graphic

NDC Men Taking $14 Million Bribe!

The Founder and Leader of the United Renaissance Party (URP) Mr. Charles Kofi Wayo, has said that he has information that members of the National Democratic Congress (NDC) government are in line to receive $14 million in bribes from Vodafone, 70% share owners of Ghana Telecom!

He has hinted that very senior members of government, including President John Evans Atta Mills and Minister for Communications Haruna Iddrisu may be benefiting from the lucre.

“We fought hard, Atta Mills and what is his name, Iddrisu, the Minister of Communications what is his name, he has forgotten his speech! We said we would overturn the Vodafone agreement! But now, it is alleged Vodafone has put out fourteen million dollars to bribe them! Have they taken the bribe? I have the information and I have seen how it works with Ghanaians!Iddrisu Haruna has changed his tune, and Atta Mills doesn’t seem to be as hard at his game as he should be!”

Kofi Wayo lamented. He has however said that he has reported his information to the President’s National Security Advisor, General Nunnoo Mensah and his National Security Coordinator Larry Gbevlo Lartey and he knows that they would get to the bottom of the issue.

“But I know that General Nunnoo Mensah is hard on it, and may God bless him! I know Gbevlo Lartey is hard on it! He’s outraged and I know that heads would role for the defence of taxpayers of Ghana,” Kofi Wayo said.Mr. Charles Kofi Wayo was speaking on his Sunday evening program ‘Feed Your Mind’ on Vibe FM, Accra on November 15, 2009. Earlier, Mr. Wayo, who has the platform to get his grievances off his chest every Sunday evening, had engaged in an over one hour of rambling, used mostly to attack his political and personal opponents and to describe them as thieves with no brains. For instance, he accused former President Kufuor of selling of Ghana Telecom just to get an award from Chatham House Award and of selling of the state asset to pocket the money.

He described Jake Obetsebi Lamptey, a leading member of the NDC, as a person with no brains who should ideally be plucking chickens by way of a profession, but had high praises for General Nunnoo Mensah and Col. Gbevlo Lartey. Rambling all over the place, he accused former President Kufuor of killing Alhaji Issah Mobila (the case is in court) and said that Kufuor should be in jail, even though he has the support of all leading members of the New Patriotic Party (NPP).The United States ranked 19th,with a score of 7.5, while other aspiring global superpowers ranked substantially lower.

Source:Searchlight

Ghana ranks 69 in global corruption index

Ghana was ranked 69th in Transparency International's Corruption Perception Index (CPI) which was released Tuesday. Ghana moved down two spots from its 2008 ranking, with a score of 3.9 out of 10.

Botswana, in 37th place, was the highest ranked African country, and one of only three to score more than five points, the other two being Mauritius and Cape Verde.

Ghana was ranked well ahead of most of its neighbors, Nigeria (130), Côte d´Ivoire (154), Togo (111) and Burkina Faso (79), but fell behind other African countries like Botswana(37), Cape Verde(46), South Africa(55), Namibia(56) and Tunisia(65) .

The index ranks the 180 participating countries according to the degree to which corruption is perceived to exist among public officials and politicians. The CPI draws on 13 different polls and surveys from 10 independent institutions, and includes surveys of business people and country analysts from organizations like the World Bank, the Economist Intelligence Unit and Freedom House.

Transparency International defines corruption as "The abuse of entrusted power for private gain." At the top of the list stands New Zealand, with a CPI score of 9.4, and at the bottom lies Somalia, with a score of 1.1.

Rounding up the top three are Denmark in second and Singapore, tied with Sweden in third. Down on the bottom, Somalia was narrowly beaten out by Afghanistan and Myanmar.

Minority cries foul over Ghana's yet-to-flow oil

Minority Leader Osei-Kyei-Mensah Bonsu (left) The Minority in Parliament on Thursday called on President John Atta Mills to investigate the alleged harassment and disregard for the human rights of Ghanaians who led international oil companies to discover oil in the country. "We specifically wish to point out the unfair and inhumane manner in which a leading Ghanaian partner in KOSMOS, Mr. George Owusu, has been extensively investigated by the Ghanaian law enforcement agencies including conducting many surprise searches in his house, office, going through his computer hard drive and bank accounts." Mr. Kwame Amporfo Twumasi, Member of Parliament for Nkoranza South and Deputy Ranking Member on Fuel, made the allegation at a press conference organized by the Minority to register their displeasure on some issues in the Mills administration. The Minority also accused the government of favouring NDC oil companies hurriedly formed to cash in on the importation of petroleum products at the peril of Ghanaians who are suffering as a result of high prices of petroleum products. They mentioned some of the companies as Manitwoc, Scan Oil, Forrestor, Crest Grade International, Kempac, PetroGhana, Crush Oil Smk Energy, Mafci and Joint Development adding that most of those companies had no track records in the petroleum business. Mr. Twumasi said the persistent harassment of officials was destroying the investor friendly climate created over the years and appealed to President Mills to also investigate the activities of Ghana National Petroleum Corporation and their relationship with Anandarko's operations in Sierra Leone. On fuel prices, the Minority accused the Mills administration of being insensitive to the people of Ghana by their frequent increment of prices of petroleum products contrary to the 'drastic reduction of petrol prices' the President promised during the 2008 political campaigns. "We wish to register our total objection to the five percent increase in the price of petroleum products recently announced by the National Petroleum Authority and to call on President Mills to rescind forthright that decision and instead deliver to Ghanaians what the NDC led by him as the flag bearer promised this nation during the elections campaigns of 2008". They urged the government to refocus on the development needs of the country and stop shifting blames on the previous Kufuor-led administration as the bane of the economy of the country. Source: GNA/Ghana

Mugabe Blamed for Malawi Fuel Shortages

MALAWI – LILONGWE – Fuel shortages in Malawi have occurred because the country is running out of foreign currency, partly because the Malawian government lent Zimbabwe 100 million US dollars which has yet to be repaid, according to a report in Wednesday’s issue of the Malawian online paper, the “Nyasa Times”.

The Malawian authorities have tried to blame Mozambique for the country’s fuel woes, claiming that fuel has been held up because of congestion in the ports of Nacala and Beira. This claim was strongly denied on Monday by managers of both ports.

Fernando Couto, Chief Executive Officer of the Northern Development Corridor (CDN), which runs the Nacala port and rail system, said that Malawi had simply run out of foreign exchange and had even asked to borrow fuel.

The “Nyasa Times” accuses the government of Malawian President Bingu wa Mutharika of “extravagant use” of foreign currency. It cites in particular the June 2007 loan of 100 million dollars, via the Reserve Bank of Malawi, to Zimbabwe.

That money was supposed to enable the Zimbabwean government to buy maize in Malawi, according to a report from the Reserve Bank itself. The money is due to be repaid by 31 December this year.

The paper also accuses the Mutharika government of buying a presidential jet for 15.9 million dollars, and a fleet of 22 Mercedes Benz cars for a further three million.

The paper rejects the suggestion that foreign exchange bureaus have anything to do with the crisis, as “simply an attempt to divert attention from the real cause of the forex shortage: the government’s own extravagance, and its refusal to own up to this wastefulness”.

NDC Chairman wants N/R Minister dismissed

Northern Regional Minister, Stephen Sumani Nayina Two party gurus of the ruling National Democratic Congress in Tamale are at each other’s throat, accusing each other of contract grabbing. As the battle for supremacy rages, the Northern Regional Chairman of the party, Alhaji Sumani Zakari has called for the dismissal of the Regional Minister, Stephen Sumani Nayina. The two accuse each other of gleefully grabbing contracts and sparking anger among ordinary supporters of the party in the region. Joy FM’s Northern Regional Correspondent, Mahama Shaibu reports that the feud between the two started barely two months into Mr Nayina’s administration. Factionalism easily broke out with each faction blaming their lack of jobs on the other. Alhaji Zakari accused the Regional Minister of taking 21 contracts from all 20 District Chief Executives in the region, taking GH¢40,000 ostensibly to ensure confirmation of the DCE nominee for Savelugu as well as seizing four vehicles belonging to the Regional Co-ordinating Council. But Mr Nayina denies the allegations, accusing the Chairman of speaking from ignorance. He told a local radio station in Tamale that Alhaji Zakari has failed to execute a contract to build a girls hostel at Bagabaga Training College, six months after it was awarded to him. Mr Nayina also claimed the NDC Chairman had grabbed six out of sixteen road contracts awarded in the region. Describing Alhaji Zakari as a man who resorts to violence to settle scores with his perceived enemies, the regional minister said the Chairman wanted him out of office because he will not allow himself to be manipulated. Story by Malik Abass Daabu/Myjoyonline.com/Ghana

NPP MP drops bombshell MILLS CHEATING COCOA FARMERS

... But Fifi Kwetey refutes claim

From Issah Alhassan with additional files from Linda Kotey & Stephen Odoi Larbi |

Mr. Fifi Kwetey, Deputy Minister of Finance (left), Dr. Owusu Afriyie Akoto, NPP MP for Tafo(middle), President John Evans Atta Mills (right)

THE MEMBER of Parliament (MP) for the Kwadaso constituency in Kumasi, Dr. Owusu Afriyie Akoto, has sternly criticised the government of the National Democratic Congress (NDC), under Prof. John Evans Atta Mills, for aggravating the woes of cocoa farmers in the country.

The ranking member of the Parliamentary Select Committee on Food, Agriculture and Cocoa Affairs, says in spite of attempts by the government to justify the new price as favourable, there is widespread skepticism about the impact, regarding the revision on future production, and export earnings for the country.

Assessing the new cocoa producer price announced by the government in mid-October this year, and its impact on the nation’s economy in an interview with The Chronicle, the former Chief Economic Advisor for the International Coffee Organisation (ICO), said a critical analysis of the new price, compared with the previous amount received by farmers under the Kufuor administration, and also the amount paid by neighbouring countries, it would be evidently clear that the government has not dealt fairly with cocoa farmers in the country.

He said a further look at the new price, from the perspective of the percentage share of the market price and the level of extension services provided to the farmers by the government, it does not provide the required incentives for the poor farmer in the country.

According to him, it would neither inure the welfare of the farmers, nor provide adequate motivation to them to expand production, in order to achieve the required target of one million metric tonnes per annum, by the year 2011/2012.

Dr. Owusu Afriyie noted that in October 2008, when the world market price of cocoa was around US$2,300 per metric tonne, the government of the day announced a producer price of GH¢1,632 per metric tonne, at the exchange rate of GH¢1.14 per US dollar, meaning that farmers were paid 62.8 percent of the world market price.

The Kwadaso MP, however, said the new price of GH¢2.208 per metric tonne, at the exchange rate of GH¢1.50 per US dollar, meant that the new producer price was equivalent to US$1,472, indicating that the figure only represented US$28 or 1.9 percent more than the equivalent US dollar value a year ago.

Dr. Owusu Afriyie also disputed the government’s claim that it had increased the amount by 71 percent, insisting that the increase amounted to only 43.9 percent of the world market price.

“In the second half of October 2009, the price remained above US$3,350 per metric tonne, this means that when account is taken of exchange rate variation, the new price awarded in 2009 is barely different from that awarded last year October 2008. When the new reality of the unfolding bull market in the global cocoa industry is taken into account, the Ghanaian cocoa farmer is far worse off now than a year ago,” he said, and warned that the situation could compel more farmers to sell their products to the outside market.

In analyzing the economic cost of the new price to the country, the MP said the negative effects of inadequate product price, and the disruption in the cocoa spraying programme, are bound to cause further delays in reaching the production target of one million metric tonnes of cocoa.

“The target was originally expected to be achieved by the 2010/2011 season. Now, there is little chance of that happening, and the potential loss to the economy is enormous, in particular, the loss in rural income, employment, internal trade, exports and foreign earnings,” he posited.

Answering questions in parliament yesterday, a Deputy Minister of Finance, Fifi Kwetey, stated that the former government paid 70.46% of the net FOB price of cocoa to farmers in the 2008/09 crop season, and that in the current 2009/2010 season, the NDC government had paid 71.06% of the net FOB price.

This, he said, clearly shows that the government had started paying at least 70% of the world market price.

The Deputy Minister noted that Ghana’s cocoa is sold at the world forward sale price, whereas the average of the prevailing spot world market prices are normally used in the computation of the share of the FOB price for the farmers.

The Deputy Minister said this when he was responding to an urgent question posed by the MP for Kwadaso, Dr. Owusu Afriyie, on when cocoa farmers in the country will be paid at least 70% of the world market price of cocoa, in view of the sharp depreciation of the cedi against the US dollar, and the recent rise in the price of cocoa on the world market.

Fiifi Kwetey mentioned that for the 2008/09 season, the per tonne price paid to cocoa farmers, stood at GH¢1.532 million and for this year per ton price to cocoa farmers is GH¢2.208 million.

“So what is paid to the farmers this year is far more than what was paid last year.”

Responding to a question on how much the farmers were getting in terms of dollars, he said over the years, efforts had been made to stop the over dollarisation of the economy, as such, cocoa prices to farmers have always been quoted in its cedi equivalent, and not dollars.

“The dollar equivalent can easily be computed, but I don’t have the figures now.”

According to him, the government was not only paying 71% plus to farmers, but they are also consolidating the value of the cedi, and creating mechanisms that would make the cedi appreciate, so that the overall benefits to the farmer would be much better.

Early last month, the opposition New Patriotic Party (NPP) called for an upward adjustment of Cocoa Producer Prices, to reflect that of the international market, since the price being made to the farmers was below what was due them, compared to same in the previous year.

In 2008, a bag of cocoa (FOB) sold for the equivalent of GH¢162 on the international market.

The producer price of cocoa, that is the price with which COCOBOD bought cocoa from farmers to sell internationally, was GH¢102 per bag, representing 63% of the FOB price or 70.5% of net FOB.

At the time of making that demand, cocoa was selling at GH¢314 on the international market, and still rising, aggravating the opposition’s demand for the FOB price of GH¢198 percent per bag, as against GH¢102 percent.

The government, in response to this plea, increased the amount from GH¢1,632 per tonne to GH¢ 2, 208.00, representing 71.06% of the net FOB price, effective October 14th, 2009.

The figure therefore translates into GH¢138,000 per bag of 64 kilogram gross weight, and a 35.29 percent increase of the previous price.

The Deputy Minister also told the House that the attention of government had been drawn to the fact that monies had been paid to members of the gang carrying out mass cocoa spraying exercise.

Responding to a question on why allowances had been paid to the new cocoa spraying gang members for the month of June, when in actual fact, no work was done, Mr. Kwetey, reiterated that not only in the cocoa sector, but in all sectors of the economy, if it comes to their knowledge that people are being paid while no work is being done, appropriate sanctions would be applied.”It should not be a difficult at all.”

COCOBOD probes disappearance of 3000 bags of cocoa

By George Kyei Frimpong | Posted: Thursday, November 12, 2009

The Ghana Cocoa Marketing Board (COCOBOD) has set up a committee to investigate the circumstances under which 3000 bags of cocoa, valued at GH¢300,000 got missing from its warehouse during the last season. The paper learnt that the disappearance was uncovered when figures that were tendered by the Cocoa Marketing Company (CMC) and the Quality Control Officers showed discrepancies.

A source told The Chronicle that CMC is responsible for warehousing and external marketing of cocoa. The company also takes custody of the bulk of cocoa that has been purchased by the buying companies. Quality Control officers are then invited to take samples to determine the quality of the commodity. The Chronicle learnt that the number of bags the Quality Control Unit claimed to have sampled far exceeded the official bags declared by the CMB.

So far there is no clue to what caused the disappearance of the cocoa as officers responsible have been escaping from disciplinary action, using flying way bill as a ruse. Flying waybill means presenting a receipt to mean that something has been received whilst nothing has been received.

When the paper contacted the Public Affairs Manager, Mr. Kwasi Kwakye, he confirmed to this reporter that the COCOBOD has set up a committee to investigate the issue. He said the figures that disappeared this year are the least recorded over all the previous seasons. According to him it is difficult to identify where the problem came from because there are numerous gates where cocoa is purchased.

Source:THE CHRONICLE

Cash Sent To Castle In Packed Vans

The case involving a $2.5billion loan package for Ghana during Jerry Rawlings’ administration, took a new twist yesterday when an Accra-based renowned lawyer, William Adumoah-Bossman, told an Accra Commercial Court that he has in his possession an advisory letter from one Thomas Moss, an agent for the loan from the Hong Kong Trust, which indicated that the money was transferred to Ghana.

According to him, he had information that the controversial loan money was taken to the Castle, the seat of government, in boxes. The legal luminary disclosed that what made his client and the American company believe that the money was transferred, was the irrevocable mandate signed by the BoG in the name of the American company and also the commission paid to the agent.

The senior lawyer, who indicated that he believed there was some form of “collusion” at the bank, made some baffling revelations when he informed the court that some employees of BoG had visited him in his office during the period the money was supposed to come, usually around 7:30pm, and informed him that they took part in the packing of monies into vans and sending them to certain destinations within the country, although they did not specifically state that those monies were part of the loan.

According to him, the workers who looked “scared, frightened and careful so that nobody would see them coming to me had also mentioned that they parked some of the money into boxes and sent them to the Castle”. His informants, he noted, were surprised that the bank said it had no information about the money. “My Lord, I received the information shortly before the meeting with the BoG and more information was added after the meeting. Following this, I was surprised that there was no document from the bank that the money has arrived,” he added.

Thomas Moss, who transacted the business on behalf of the Hong Kong Trust which allegedly brought the money from the government, said in the advisory letter that he had taken his 2.5 percent commission of the whole package and therefore had sent the letter to Egbert Adejeso and Associates, a defendant in the case, to confirm that the money had arrived in Ghana. Mr. Adumoah-Bossman, the first to testify among four officials subpoenaed by the court presided over the Justice Margaret Insaidoo, to assist in tracing the whereabouts of the said $2.5 billion loan introduced to the Rawlings government by Van Kirksey and Associates, an American company in the late 80s, had at the last adjourned date testified that he was not certain on the arrival of the money because there was no document to prove it.

However, the one-time counsel for Egbert Adjeso and Associates made a u-turn under cross-examination by Richard Twumasi Ankrah, counsel for the American company, to admit that if the advisory letter was anything to go by, then there was no doubt that the money arrived in the country.

The court, based on this disclosure, ordered Mr. Adumoah-Bossman to present the letter in his custody today to assist the court to arrive at the truth. Van Kirksey and Associates had dragged Egbert Adjeso and Associates, P.V. Obeng and Bank of Ghana to court to demand its 10 percent share of the total package as stated in an agreement it made with the government. On the other hand, the defendants maintained that no such amount was transferred into the country.

It was at the request of Owusu Afriyie, counsel for Egbert Adjeso, that Mr Adumoah-Bossman, S.K. Appiah, then acting Governor of Bank of Ghana (BoG), S.N Adjei, then BoG counsel, and Dr. K.G Erbyn, then Chief Executive of Ghana Investment Centre, were subpoenaed to court for their account of the deal. According to Mr. Adumoah-Bossman, he was surprised when at a meeting with BoG on the issue, Dr. Kwabena Duffour, then Governor, told him that after a diligent search by the bank, no such amount had been found.

When asked by Mr. Twumasi whether P.V Obeng then PNDC member and Chairman of the Committee of Secretaries, knew about the loan, Mr. Adumoah-Bossman stated that he had on several occasions discussed the issue on phone with him and that P.V Obeng had also asked Egbert Adjeso to meet him in his house one evening to discuss the money. These discussions between him and Mr Obeng, he admitted, were after they had information that the money had arrived. According to Mr. Adumoah-Bossman, he got to know from Mr. Adjeso that the first batch of the money expected to arrive was $75million into the Standard Chartered Bank account of Van Kirksey and Associates, but failed to do so without any reason.

Mr. Adumoah-Bossman also admitted that he was the lawyer for both Egbert Adjeso Company and Van Kirksey and Associates at the time the two were in a joint venture business. According to him, he later abrogated the agreement after a gentleman’s deal between the two, with Adjeso Company still maintaining him as the company’s lawyer while Van Kirksey employed one Joe Reindoff as its counsel. Mr. Adumoah-Bossman, after going through exhibits in court, admitted that Egbert Adjeso had written to the then Speaker of Parliament, Justice D.F Annan, and Director of Immigration, stating that he was the one who brought the loan and this led to the seizure of Mr. Van Kirksey’s passport.

Source:Daily Guide

M&J SAGA: Why Mills Okayed Kamara

NEW. Watch live television from Ghana plus the latest Ghanaian movies plus OBE TV.

We reproduce our stance on the Mabey & Johnson bribery saga first published last Friday in view of the President’s swearing-in of his top diplomat to Nigeria. We have had cause to criticise this administration and will continue to do so when the need arise. It has been our opinion, however, long before the President ever arrived at that conclusion, that some NDC members have no case to answer in the ongoing M&J scandal when the facts are carefully examined. This position can be seen in this commentary, which we have reasons to believe are similar to the reasons why the President, after receiving his brief on the M&J scandal from his Attorney General, arrived at the decision he has taken. Let those who disagree do so. It is their right to.

We, however, think President Mill’s decision is the best and certainly the wisest in this case and are not afraid to say so.

PRESIDENT JOHN EVANS Atta Mills recently did the most sensible thing in the face of the unpleasant news that two of his top ministers; some leading lights in his party and some former ministers of state have been caught in an international bribery scandal in a court ruling in London.

The ruling by the British court was the result of investigations by the Serious Fraud Office (SFO) of the UK, which got an easier case to prosecute after a plea-bargain deal led to confessions by the London-based Mabey and Johnson bridge building company. As part of its confession, M&J admitted and revealed details of systemic bribes it said it paid to a number of public officials in Ghana, Jamaica and a host of countries to procure public contracts.

The initial reactions of NDC/government activists were to pour scorn on the allegations and to question the integrity of the British justice system, as if our judicial system was any better. When that didn’t work, some cried racism. Then the cover-up tune was changed to an attempt by the British government to arm-twist the Ghana government from finishing its probe into the acquisition of GT by Vodafone. What those who argued this way forgot to remember was that the British had long started probing M&J, Bi-water and other companies which had worked in Ghana and elsewhere long before their mobile telephony flagship chose to partner our flagging Ghana Telecom.

Reality soon hit home. Ghanaians quickly saw through the various cheap attempts and attacks aimed at confusing and begging the issues.

The verdict was indeed damning. Though our ministers had not been tried and found guilty of any crime in court, the evidence which emerged out of the proceedings of Judge Rivlin’s Southwark Crown Court based on admissions by M&J and on a number of persons were troubling.

Details in the prosecution’s case on Health Minister Dr George Sipa-Yankey, Minister of State Amadu Seidu, former Water, Works and Housing Minister Boniface Abubakar Saddique, former Roads Minister Ato Quarshie and Mr Edward Lord-Attivor, former Chairman of the Board of Inter-City Transport Corporation were so damaging that no serious government anywhere, especially one that rode on the power of waging a better war against corruption, can ignore them. President Mills had to do something. The pressure was on.

And yes, Mills did something. He chose to redeem his image and retain the trust of Ghanaians in his administration. He asked the most indicted officials to do what they should have done the moment the scandal broke. Leave the administration and clear their individual names and not stay around to smear the government, party and Ghanaians with their individual dirt.

It may have been difficult for the President, because one of the men affected –Sipa Yankey- happens to be a personal buddy and one of the most efficient ministers in the topsy-turvy administration.

But it was the wisest thing to do. Truth be told, the two resigned ministers should have left the administration the moment they became aware of the scandal. They were individually indicted and therefore individually culpable for whatever wrongs alleged against them. If they believe those allegations were false, they had personal duties to take decisions which would safeguard their individual reputations; not wait for evidence to be stacked against them and hope to hide behind the collective group (party). Staying in government and hoping to battle their cases will hurt them individually, hurt the administration and of course, worsen the perception that the NDC itself may have had a hand in the scandal. No doubt, some began to raise questions as to whether President Mills himself was not a beneficiary of the alleged bribe, despite the fact that the offence had not been contested and proven against the two ministerial suspects, and despite the fact that even if the allegations had been proven, there was absolutely no basis linking Mills to what would have been individual crimes.

This is why we are excited that the two officials have resigned – albeit they were pushed to. Our excitement comes from the fact that the decision to push them out retains the good governance practice that Ghana as a nation should stick to in its evolution of a good democratic culture. Besides, it gives the very-challenged administration time and space to concentrate on the survival issues most Ghanaians worry about.

The President’s decision to seek the AG’s advise as well as his directive that the case be handed to the Justice Emile Short-led Commission on Human Rights and Administrative Justice (CHRAJ) are in our in our view spot-on.

We are of the opinion that contrary to claims that the President was wrong in sending Mrs. Betty Mould-Iddrrisu, Minister of Justice and Attorney General, to the UK to scout for more info on the scandal, it was the right thing to do. The A-G certainly needed to be fully briefed of the facts in this case to properly advise Mills. Going to London to get the facts definitely availed her of the full facts and would have allowed her to give the NDC “old man” sound legal advice.

Her travel to the UK is best understood when viewed against the background that the preamble to the prosecution’s opening statement in the case “Regina versus Mabey and Johnson” states:

“Note: This statement is provided for the assistance of the Court and the parties. While it substantially sets out the Crown’s case, it is not, nor does it purport to be, a full and exhaustive pleading of that case.”

Thus if the full pleadings were not in court papers, how else can the AG then remain informed of the non-pleaded aspects of the case outlined in court if she were to remain in Accra and communicate with her colleagues in the UK?

For those whose argument against the trip is based on cost, we’d ask them to come again. Within a week the AG did whatever she needed to do and returned. How sure can we be that e-mail exchanges or other forms of communication with the British SFO would have been equally effective if the AG had remained in Accra?

Besides, who says personal contacts and in-depth background info on how the UK officials went about their evidence gathering process did not lead to her arriving at a better judgement of the issue in her advice to the President?

If the argument against her going to the UK is because of the cost involved as some have suggested, isn’t it baffling that those who make this argument also insist at the same time that she should have gone with officials of CHRAJ. Would the presence of CHRAJ officials also not have added to the cost then?

This is why we disagree with some of these criticisms against Mills’ decision. Our only point of disagreement with the President is his earlier request that the AG should investigate the case. We knew beforehand that this was a no-go area. After all the A-G had herself told Ghanaians weeks earlier in a rejoinder to a Chronicle story which labelled her “Betty Plunker” that she does not investigate cases but advise on them when dockets are brought before her office.

We were therefore not surprised when the President woke up to this reality and directed that the docket be handed over to CHRAJ for proper investigation. We can only hope the President helps CHRAJ to arrive at the truth, nothing but the truth.

Some have, however, asked what the presidency would do about Kwame Peprah and Mr Baba Kamara?

Our simple response: What do those people expect Mills to do? And why don’t those who ask these questions add Mrs Rawlings to the equation since she was also mentioned in the same scheme of things Messrs Peprah and Kamara were cited.

The truth is that there is nothing the President can do about these three because the SFO report did not indict them as much as it did the allegedly bribed officials.

Indeed in the case of Mr Kamara, the SFO itself admitted that its inferences from an ‘internal memo’ by a Director of M&J that he may have been poached to be an agent because of his political clout and alleged ability to attract business corruptly were issues that M&J contested.

In other words, M&J did not confess to these as in the case of the other bribed Ghanaian officials. On the contrary, M&J, the prosecutors themselves said, insisted that the SFO was wrong in its inferences.

Better still for Kamara, no evidence was led by the SFO in its case against him, Peprah and Mrs. Rawlings to back their inferences, thus leaving those allegations with nothing to back them up unlike in the case against the two ministers and former officials where account transfer details, etc., were provided.

Since President Mills cannot be reasonably expected to manufacture the evidence even the SFO could not get to nail Kamara, it is reasonable that he should be allowed to take up his job as a diplomat, unless he himself does not want to.

Same goes for former Finance Minister Mr. Kwame Peprah and former First Lady Nana Konadu Agyeman Rawlings, who were described as Chairman and members respectively of the “powerful NDC Finance Committee”. Besides the factual inaccuracies of their membership of the Finance Committee – Peprah was never the Chairman and Mrs. Rawlings never a member of the official NDC Finance Committee – the duo would not have committed a crime even if they were members. Unless the SFO makes available incriminating evidence against these personalities, we can chose to suspect them all we want but we cannot have any serious, legitimate basis to ask them to step out. The foundation for such a request is seriously weak.

As the Akans say, “nipa ye adie osa ayeyie”. For now we’ve got to admit the President has played the right game and behaved in the right way on this issue. We can only say ayekoo to him and hope that he stays the path and does nothing to undermine the CHRAJ probe behind the scenes. After all, his former ministers would have the right to defend themselves in the public space before CHRAJ. And if push comes to shove and they are found guilty, the fact of their indictment can only be used in questioning the President judgment in the selection of these men and not to personally indict him. His defence however lies in the fact that as a human society there will always be alleged cases of corruption among us. The trick is therefore not the fact that it may come up; the question is how we deal with it as a society determines whether we are serious about addressing it.

On this score, the President has passed the test, even if he mishandled the case of his former Youth and Sports Minister, Alhaji Mohammed Mubarak Muntaka. That, however, is another case for another day.

Source: GYE NYAME CONCORD