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