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But what is the logic of this position? No government may question any contract entered into by a predecessor, no matter how corruptly? That if you are a dreadfully corrupt foreign businessman, who has bribed a minister, you only have to hang on until the government changes, and then you cannot be investigated? Plainly this is a nonsense.
The fact is that, as detailed in a series of articles in the Financial Times of London, there are a whole number of questions about the Kosmos deal which give experienced observers great cause for concern.
One which particularly worries me is how, on the best oilfield in Ghana, Kosmos were able to get a royalty rate of only 5%, when the average on other fields is over 11%. There are suggestions that partners from EO were active on the Ghanaian government side of the negotiation.
There are also credible stories of Kosmos handing EO millions of dollars in cash notes for “marketing and publicity”.
Is Ghana forbidden from investigation because the government has changed? No, and they must not be bullied out of it by the British, Americans, IMF or World Bank. Those will always back wealthy Western companies against a developing African nation.
The Vodafone deal suffered – at the very least – from a lack of transparency and a lack of a level playing field for others – including France Telecom – who wished to compete. The final sales price was definitely too cheap.
I would like to know how Ghana Airways’ invaluable routes were awarded to GIA - a bunch of obscure and inexperienced investors who came only fourth in the official assessment of bids. The result has been the almost total disappearance of Ghana’s whole aviation industry.
I would like to know how industrial development funds were given to a network of companies the ultimate ownership of which traced back to the Minister of Industry.
The British High Commissioner has the problem entirely backwards. It is not that the government is not honouring existing contracts. I am Chairman of several companies, including Atholl Energy. Atholl had a contract with the NPP government which has been honoured by the NDC government, because we carry our our work diligently and honestly.
The problem is that where contracts are not honest, action has not been fast enough or decisive enough to root out corruption.
Two of the worst examples are in the energy sector. Let us look at the case of another British company, Zakhem International Ltd. They are building the Kpone Power Project for VRA. VRA bought the turbines from the manufacturer, Alsthom for US $70 million. They then paid Zakhem US $80 million upfront to install them and provide the ancillary equipment.
After three years, what do Ghanaian taxpayers have to show for their US $150 million? Absolutely nothing. An empty field at Kpone, surrounded by Ghana’s longest concrete wall so the Ghanaian public cannot see that their money has been stolen.
What is happening about it? Nothing, because Zakhem and their Ghanaian partners have stolen enough money to bribe all the officials involved. They are now claiming around town that the new government is also “In their pocket”.
Most of the $80 million has vanished forever, while the $70 million turbines are now badly damaged by disuse.
Or look at Balkan Energy. They claimed to have spent US $100 million on refurbishing the Osagyefo barge, at a time when they had really spent less than US10 million.
Balkan stand to make a total of about $1.5 billion dollars in profit from the people of Ghana from this terrible deal. It is the most corrupt contract I have ever seen. It is astonishing that a country like Ghana would enter into a contract with Balkan, whose owner, Gene E Phillips, has stood trial as a gangster in the United States.
These are not crimes without a victim. Everyone who pays any VAT or other tax in Ghana is putting money into the pockets of these disgraceful conmen. Most of the taxpayers of Ghana are very poor, and the money is being taken by people who are very rich.
That is why I am speaking out. I am not supporting any political party. I am supporting the ordinary people of Ghana.
I first spoke out about corruption in Ghana back in 1999, when I was Deputy High Commissioner there. It caused a sensation in the Ghanaian media at the time. But people do not know that I was nearly sacked by the British government as a result.
So Nick Westcott is only continuing a British hypocritical tradition of condemning corruption, unless it is British corruption.
The truth is that sadly there was a major increase in corruption in Ghana especially in 2007 and 2008. That was a major reason why the Ghanaian people voted to change their government. But so far there is little indication that the new government has done much to root out the corruption.
So rather than protecting the corrupt, the British High Commissioner should be offering help and assistance actively to attack corruption. That includes corruption by British companies.
He should also remember that, with oil revenues within touching distance, Ghana will soon have her own investment funds and no longer be so dependent on foreign investors. It is not for the colonial master to kick Ghana. The boot will soon be on the other foot.
By Craig Murray
Craig Murray was formerly a deputy High Commissioner for Britain in Ghana
This article is taken from his blog: http://www.craigmurray.org.uk/
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...158 Vehicles Carted Away By Party Activits!
THE ELECTORAL VICTORY by the National Democratic Congress (NDC) has led to a monumental rape and raid of the Tema Harbour, leading to the wholesale carting way of hundreds of vehicles at very cheap prices!
Under the auspices of one Carl Wilson, Chairman of the Confiscated Vehicle Committee (CVC), who has the full and complete backing of Deputy Chief of Staff Alex Segbefia at the Castle, at least 158 vehicles confiscated to the state has been allocated at floor prices to functionaries and some media personnel of the ruling National Democratic Congress (NDC)!
The vehicles which were confiscated and tagged as stolen cars have now been allocated to some persons believed to be bedmates of the Atta Mills led social democrats government.
Some of these beneficiaries are Andy Kankam, Editor In-Chief of the Informer newspaper who bought a VW Golf III for GH¢2,387 and Michael Dokosi, Editor of the Daily Post newspaper who bought a Renault Megane RTE for GH¢2,434.
Eric Ametor Quarmyne formerly of the Ghana Palavar and now cooling off at the National Health Insurance Authority (NHIA) as its Deputy Director of Corporate Affairs and Strategic Direction got a Land Rover Free Lander for GH¢2705.5.
Yamoah Ponkoh, the Ashanti Regional Manager of the National Health Insurance Scheme (NHIS) also bought a Ford Explorer for GH¢6,450.5. Tawiah Boateng, the Eastern Regional Chairman of the NDC got a Honda Civic for GH¢2,578.
Felix Gyamfi, a staffer at the Castle also bought a Fiat Marea for GH¢2,583, whilst Madam Bolko, a former Vice Chairperson of the NDC paid GH¢7360.5 for Toyota Sequoia Wagon.
Serial caller Alfred Triddles who contested for the Deputy Propaganda Secretary and lost is also a benefactor. He paid GH¢2,980 for a Subaru Legacy.
Yamoah Ponkoh when contacted yesterday ruined insults on this reporter for wanting to know whether his acquisition was true.
He said 'you want to know for what, go and ask your stupid father. Kuranchie. to tell you' following his phone went off.
Ametor told this that "you can go ahead and write whatever you want to write'.
Andy Kankam admitted buying a VW Golf III whilst Dokosi of the Daily Post also said he was allocated a vehicle but did not go for it saying a friend of his went for it but since it was allocated to him, his friend used his name.
Tawiah Boateng admitted acquiring a vehicle but called back to ask the reporter whether he was in possession of the said document.
"Do you have a list with you, is my name on the said list, what type of car is on the list?"
Suyani, Feb. 2, GNA - The Brong Ahafo Regional Minister, Mr Kwadwo Nyamekye Marfo, has inaugurated a three-member committee to look into allegations of misappropriation of funds and other related issues levelled against the District Chief Eexecutive for Nkoranza North, Mr Kwadwo Adjei-Dwomor.
The committee which has Mr Kwame Agyenim-Boateng as the chairman has two weeks to come out with its findings and has already started work. In a statement, the Regional Minister acknowledged the level of competence and trust in the committee and urged them to approach the work with due diligence and without fear or favour.
He assured members of the committee that their findings would be studied thoroughly and recommendations implemented where appropriate. Mr. Agyenim-Boateng, who is the presiding member of Suyani West District Assembly, expressed appreciation for the confidence reposed in them and promised that they would work as an independent body and come out with the report that would stand the litmus test. Other members of the committee are Mr. Theophilus Appoh, a state Attorney and Mr. Yakubu Abdul Rakman, District Coordinating Director of the Nkoranza North District Assembly. 2 Feb. 10
A friend to Prophet T. B Joshua, the founder and leader of the Synagogue Church of All Nations, has denied claims bysources that the Nigerian Spiritual leader is currently constructing a residential accommodation on top of the Sewerage recycling plant near the Achimota School in Accra.
The sources, many of whom spoke on conditions of anonymity alleged that the Nigerian Prophet was one of several encroachers erecting structures on the Achimota School land without the permission of the Accra Metropolitan Assembly. The activities of these encroachers is believed to have caused the collapse of the sewerage system for which reason the AMA is contemplating closing down the famous Achimota school.
In an exclusive interview with Citifmonline.com, Joris Jordan Dodoo, who described himself as a friend to Prophet T.B Joshua" denied the speculations saying, “The report was illegitimate.” “The house which was described as sitting on the sewerage recycling plant at Achimota does not belong to T.B Joshua. The fact is that there is a resident’s association at that place and TB Joshua is never a member. It is true a Pastor is putting up a residential building around the place and it is true he is a Nigerian but it is not T.B Joshua.” He said.
Although Joris Jordan failed to mention the name of the said Pastor, Citifmonline.com’s investigations have revealed that the said building actually belongs to the Head Pastor of Pure Fire Church, Enoch Aminu; confirming Joris’ rebuttal that the structure does not belong to Prophet T.B Joshua.
Enoch Aminu, also a Nigerian Pastor is also believed to be a friend to President John Evans Atta Mills.With these two connections, many of the residents in the area have mistaken the Pure Fire Pastor for T.B Joshua, who is both a Nigerian and also a known friend to President Mills.
Even when reporters went to the area to speak to another set of residents, many of whom expressed worry at the problems being caused by the building, they still maintained that the Pastor in question was T.B
However after cross checking from the Pure Fire Church, and speaking to several other stakeholders in the matter, it was confirmed that indeed Pastor Enoch Aminu is currently erecting a building around the said site.
The Church Administrator confirmed that his Boss was building a house close to the area but refused to comment further. He hesitated in offering details on the said building because he thought it was improper to comment on his Senior Pastor’s private property.
Attempts to speak to Pastor Enoch Aminu have so far not yielded any positive results. The Chairman of the Board of Governors of Achimota School, Mr. Kwasi Okoh, in an earlier interview with Citi News said the closure of Achimota School is not the panacea to the sewerage problem in Achimota.
According to Mr. Okoh, the problem stems from the activities of the encroachers. The illegal erection of structures has broken the underground pipes thereby causing the spill of human excreta around the school premises. “Unless we solve the problem of the sewerage flowing, the problem will not be solved because even if Achimota School closes today and the sewerage is still coming there and if it is not getting out we will still have a problem.” He said.
However, Joris Jordan Dodoo, who is currently trying to own a property in the area, says Mr. Okoh and the leadership of Achimota School is playing politics with the matter. “I will like you to ask Okoh whether they’ve been recycling the sewerage at that place; because as far as I know there are documents to show that the Metropolitan Assembly has told everybody who owns a farm within Achimota right up to Pokuase to relocate so there hasn’t been a farm in Achimota.
“If anything, they are rather putting faeces at the area. If Achimota sewerage system is not around, they should see to it...but when people want to do propaganda or do politics with such a thing, it is very bad.” He said.
US oil giant, Anadarko International Oil Company, has blown the whistle on the shape of how oil exploration licenses were awarded under the NPP government, saying they and their partners, Hess, were asked to part with 5% of their stake to, ‘an unknown Ghanaian party,’ as a condition for being awarded the South Deepwater Tano block for oil exploration.
“We were informed that if we made such a strong bid, it would overcome a previous demand by then Chairman of GNPC, Stephen Abankwa, that we carry an unknown Ghanaian party for five percent (5%) something neither Hess nor Anadarko can do, given that we are both subject to the US Foreign Corrupt Practices Act and other related US legislation,” Anadarko revealed.
Anadarko, who had put up an individual bid, alongside Hess and others, stated in a protest letter to the Minister of Energy, Dr. Joe Oteng-Adjei that the above demand, was made of them after they were encouraged by GNPC to combine their individual bids for a joint one.
The revelation was contained in a confidential letter dated February 24, 2009 and signed by Ian J. Cooling, Vice President, Business Development of Anadarko.
According to Anadarko, together with Hess, they subsequently submitted a combined bid, “but were shortly thereafter informed by Chairman Abankwa that if we did not accept the third-party carry of five percent (5%) another company, the Norwegian company Aker, had already agreed to do so and would be awarded the block.”
Anadarko said it was later informed by the then Minister of Energy, under the John Kufuor administration that the block had been awarded to another company, without telling them about how the bids fared.
“There was no transparency whatsoever in the entire bid process,” Anadarko charged, adding that “We never received a formal written notification that our bid had failed, and it was to our dismay that we learned later that Aker, had indeed been awarded this extremely complex, deepwater block.”
It was from the press and other sources, according to Anadarko, that they “learned that the Aker bid also included a third party for five percent (5%).”
ELECTIONS The US oil giant asserted that “We were upset and seriously considered at that time alerting the highest levels of the US Government and asking their intervention, but the Ghanaian Presidential election was upon us and we decided that this issue might perturb the democratic process, which we strongly support.”
The license for the block was awarded to Aker under a petroleum Agreement signed on October 24, 2008 about six weeks to the presidential and parliamentary elections. On the same day, a Service Agreement was signed between Aker ASA and CHEMU Power Ltd., a company owned by an offshore company called CHEMU Capital BVI.
Martinus Brandal, Senior Partner and President, signed on behalf of Aker ASA, while Nik Amarteifio, Executive Chairman of CHEMU, signed on his company’s behalf.
Anadarko called on the new minister to review the bid procedure and processes for the award of the block, which they believed would turn the tide in their favor.
“Now that the election is over, we are confident that you, Mr. Minister, will wish to review the bid procedures and processes of the award of Ultra Deepwater Tano Block. After such review, you will undoubtedly notice that the combined bid of Hess and Anadarko, two world-class deepwater operators with such a strong combined bid, would have been in Ghana’s best interest,” Anadarko asserted.
The company that had the five percent carried interest was Chemu Power, owned by Nik Amarteifio and Dr. Charles Mensa, both close pals of former President John Agyekum Kufuor.
DR. CHARLES MENSA
Dr. Charles Mensa was appointed by the President to serve as Chief Executive Officer of Volta Aluminium Company (VALCO) during his tenure as President. Charles Mensa sparked controversy some years back when as Chairman of the University of Cape Coast Council, he conferred an Honorary Law Doctorate on then President Agyekum Kufuor, at a time when the University had no Law Faculty.
Dr. Mensa is a founder of the Institute of Economic Affairs, a governance think- tank.
NIK AMARTEIFIO Nik Amarteifio is a bosom friend of former President Kufuor, he is also the man who brought Telenor to replace Telekom Malaysia. Telenor, according to a recent government investigation criminally run down Ghana Telecom.
Kufour’s government paid Telenor a whopping $600,000 for the business plan they used to secure a Ghana Telecom management contract in response to an international advertisement inviting strategic investors to partner Ghana Telecom. Eventually, Telecom Malaysia sued the government in an international arbitration and walked away with a handsome compensation.
Nik was appointed by former President Kufuor to serve on the board of Bank of Ghana, and was rumoured to be the President’s ear on activities at the Central Bank of Ghana.
Nik’s offshore investments, which stretch from Channel Islands in the UK to his equity stock option in Canada are under investigation by The Enquirer.
STEPHEN SEKYERE-ABANKWA Mr. Stephen Sekyere-Abankwa, who was appointed by President Kufuor to serve as GNPC Board Chairman, remains a very close pal of the former President Kufuor. He is rumoured to have served as a quiet financial advisor to the former President.
Mr. Abankwa, is currently the Managing Director of Prudential Bank Ltd in Ghana.
During the Ghana@50 celebrations, the Office the President guaranteed about $10 million for him and his partners to secure a loan facility from the Social Security and National Insurance Trust (SSNIT) to construct residential accommodation. By press time yesterday, Mr. Abankwa and his group had still not been able to pay up the loan they took from workers pension contribution. Interest on the loan has reached about 4 billion Cedis.
MOSES BOATENG When Energy Minister, Dr. Joe Oteng-Adjei, referred the Anadarko letter to the then Managing Director of GNPC, Mr. Moses O. Boateng for his response, he gave the minister what could at best be described as half-truths in a letter dated March 9, 2009.
Mr. Boateng stated, for instance, that “In terms of financial and technical capabilities the two companies were found to be almost at par and GNPC would be indifferent as to which of them was eventually awarded the block.”
This assertion is not supported by the facts as a cursory glance at the track record of Aker ASA, Anadarko, Hess and Chemu, would leave no one in doubt that the two US companies, Anadarko and Hess are streets ahead of their Norwegian and Ghanaian counterparts in their technical and financial capabilities as well as all other departments of the oil industry.
Again, in a table that purported to compare the terms of the Hess-Anadarko and Aker ASA applications for the Tano Deepwater, Mr. Boateng was not forthright with the minister. He actually, matched the raw bid of Hess-Anadarko against the negotiated terms under the Aker ASA – Chemu Power agreement.
This obviously was to misrepresent to the new minister that the bid of the latter was better.
However, a review of the Petroleum Agreement signed with Aker ASA, revealed that contrary to the requirements of the Petroleum Exploration and Production Law, PNDC Law 84, the company neither registered nor incorporated a company under the laws of Ghana.
That Agreement was ratified by Parliament on November 5, 2008. But Aker ASA, got Aker Ghana Limited incorporated on October 29, 2008 with certificate of incorporation number, CA-51,646, to commence business on October 30, 2008.
Aker ASA sought to assign its interest to Aker Ghana Limited, as a means of regularizing the agreement. However, by a letter dated December 30, 2009 the Energy Minister, declined the request, since the original agreement was invalid.
According to him, “The assignment you have requested is legally impossible in view of the underlying failure of compliance with the law.”
The minister, by a copy of that letter advised GNPC to reimburse Aker ASA with costs incurred in acquiring data, since such data acquired belonged to GNPC. He notified Aker ASA that it was going to reactivate negotiations which had commenced previously with the Anadarko/Hess application.
The relevant clauses under Section 23(15) of the Petroleum Exploration and Production Law PNDC Law 84, states that a contractor (foreign company):
“which is not an incorporated company in Ghana under the Companies Code, 1963 (Act 179) shall (a) register an incorporated company in Ghana under the provisions of the Companies Code, 1963 (Act 179) to be authorized to carry out solely petroleum operations in respect of which a petroleum agreement or petroleum sub-contract has been entered into under this Law and such signatory shall be a signatory to any petroleum agreement;”
“(b) maintain an office or establishment in Ghana to carry out petroleum operations and shall have in charge of such office or establishment a representative with full authority to act and to enter into binding commitments on behalf of the contractor or sub-contractor, as the case may be; and, continues with subsection (c) that:
“In respect of such petroleum operations, open and maintain an account with a bank in Ghana.”
Companies, such as Kosmos Energy, Tullow Oil, Anadarko, Sabre Oil and Gas Holdings have all registered their companies under Ghana’s Companies Code, to facilitate their compliance with the law before entering into petroleum agreements for their blocks.
THE NORWEIGIAN CONNECTION
One shocking revelation from the GNPC boss to the Minister was that in awarding the South Deep Water Tano block to Aker ASA, they were influenced by factors such as “The Norwegian Government’s Support to Ghana in restructuring the oil and gas industry together with their support for training of Ghanaian staff” The GNPC boss further noted that “the keen interest of the Norwegian Ambassador in GNPC affairs became a plus in favor of Aker”
According to Mr. Boateng, one other consideration for awarding the field to Aker ASA was the fact that “.there were relatively too many American companies in the basin namely, Kosmos, Hess, Anadarko and Vanco,” but “There were only two European companies - Tullow and Vitol, the decision was to spread and therefore favored Aker.”
The above has generated a geo-political controversy as to whether the Norwegian government twisted the arms of the previous government in awarding the field to Aker.
Observers say the mention of the interest of the Norwegian Ambassador is akin to the controversial role played by the British Ambassador to Ghana in the sale of Ghana Telecom to Vodafone, a British telecom giant.
