The Special Prosecutor (SP) has directed the closure of investigations into allegations that 80 Members of Parliament of the New Patriotic Party (NPP) recieved bribe from an unnamed business man to backdown on their demand for the resigantion of Mr. Ken Ofori-Atta.
According to Mr Kissi Agyebeng, proceeding with investigations will not yield the desired results.
“…the Special Prosecutor directs the closure of the investigation
in respect of allegations that a well-known and wealthy businessman attempted
to bribe a section of the majority caucus of Parliament. The Special Prosecutor
determines that the institution of criminal proceedings, at this time, against the
OSP’s identified suspect would serve no useful purpose,” a report dated December 28 sighted by 3News.com indicated.
The SP stated that, “The investigation may be re-opened should the circumstances and further facts so dictate.”
“This report is founded on regulation 31(1)(g) of the Office of the Special
Prosecutor (Operations) Regulations, 2018 (L.I. 2374), which mandates the OSP
to publish detected acts of corruption through the receipt, collection, or collation
of reports, documents, materials, complaints, allegations, information and
intelligence,” he wrote.
It would be recalled that the MP for Asante Akim North, Andy Appiah-Kubi alleged that a wealthy businessman attempted to bribe he and 79 of his colleague NPP MPs for them to stop their quest to have Finance Minister, Ken Ofori-Atta removed from office.
Please read exerpts of the report below:
The Complaint
3.1 By a complaint dated 3 November 2022, a pressure group, OccupyGhana
petitioned the OSP to investigate allegations of attempted bribery of the majority
caucus of Parliament by a wealthy businessman.
3.2 OccupyGhana stated that it had followed media reports from interviews by Joy
99.7 FM (a radio station operating from Accra) with the Member of Parliament
for Suame Constituency in the Ashanti Region and Majority Leader and Minister
for Parliamentary Affairs, Mr. Osei Kyei-Mensah-Bonsu and the Member of
Parliament for Asante Akyem North Constituency in the Ashanti Region, Mr.
Andy Kwame Appiah-Kubi – in which the two Members of Parliament alleged
that an unnamed, wealthy businessman had attempted to bribe a section of the
majority caucus of Parliament.
3.3 In the estimation of OccuyGhana, if the allegation of attempted bribery is
established, it would amount to an attempt to influence the conduct of Members
of Parliament in the course of their official duties. Consequently, OccuyGhana
requested the OSP to investigate the affair and to proceed to prosecute, if
established.
Investigation
4.1 The Special Prosecutor, upon determining that allegations of bribery are within
the mandate of the OSP, authorised the commencement of preliminary
investigation into the matter in accordance with regulation 5(1)(b) and
subsequently, a full investigation under regulations 5(1)(c) and 6 of the Office of
the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374).
4.2 The investigation was conducted with the assistance and facilitation of the Office
of the Rt. Hon. Speaker of Parliament. The investigation was undertaken with
as little intrusion into the privacy of persons as the circumstances permitted.
4.3 The investigation spanned a period of eight (8) months. The identities of persons
are disclosed where necessary.
4.4 The investigation showed that circa September 2022, eighty (80) Members of
Parliament of the NPP publicly called for the resignation or removal of the
Minister for Finance, Mr. Kenneth Nana Yaw Ofori-Atta over complaints of his
inability to properly manage the economy of Ghana. The apparent spokesperson
of the group of eighty was Mr. Appiah-Kubi.
4.5 Mr. Kyei-Mensah-Bonsu and Mr. Appiah-Kubi granted interviews on Joy 99.7
FM, a radio station operating from Accra, on developments in respect of the
demand for the resignation or removal of Mr. Ofori-Atta. The interviews were
widely circulated on other media portals, including audio-visual renditions on
television on Joy Prime and Joy News.
4.6 Mr. Appiah-Kubi’s interview was first in time. He stated outrightly that a certain
well-known wealthy Ghanaian businessman visited Parliament House on 1
October 2022 and requested a meeting with a section of NPP Members of
Parliament. He stated that at the meeting the well-known wealthy businessman
offered them huge sums of money in envelopes with the intention of influencing
them to rescind their demand for the resignation or removal of Mr. Ofori-Atta.
He further stated that the Members of Parliament stood their ground and
rejected the offer of money. Mr. Appiah-Kubi did not disclose the identity of
the well-known wealthy businessman during the interview.
4.7 Mr. Appiah-Kubi admitted granting an interview on Joy FM in which he claimed
that a certain well-known wealthy Ghanaian businessman visited Parliament
House on 1 October 2022 and requested a meeting with a section of NPP
Members of Parliament and that the businessman in question had attempted to
bribe them. However, he declined to watch the audio-visual rendition of his interview on Joy FM. The interview was replayed to him anyway. Thereafter, he
effectively invoked his right to remain silent. He refused to disclose the identities
of the Members of Parliament present at the meeting with the undisclosed
businessman. He refused to disclose the identity of the wealthy businessman. He
refused to disclose the amount of money offered by the undisclosed
businessman. He refused to answer all other questions posed to him.
4.8 Mr. Appiah-Kubi showed open hostility to the authorised officers of the OSP
and he was unyielding in his resolve not to cooperate with the investigation.
Indeed, he flatly refused to cooperate with the OSP, though he had stated that
he would fully cooperate with the investigation, and though he declared to the
media subsequent to the OSP’s interview that he fully cooperated with the OSP.
4.9 Mr. Kyei-Mensah-Bonsu denied direct knowledge of the matter. He denied
knowledge of the undisclosed wealthy businessman and the amount of money
he allegedly offered to the indicated section of Members of Parliament. He stated
that his limited knowledge of the matter was based largely on rumours and the
interview granted by Mr. Appiah-Kubi on Joy FM.
4.10 The OSP enhanced the investigation and intelligence gathering through
confidential sources and the examination of attendance of persons at Parliament
House circa 1 October 2022. The enhanced investigation pointed seemingly
irresistibly to Mr. XXXXXX XXXX XXXXXXX, a well-known wealthy
Ghanaian businessman. The OSP located Mr. XXXXXX XXXX XXXXXXX
and brought him in for interviewing. Mr. XXXXXX XXXX XXXXXXX
prevaricated on whether he attended Parliament House circa 1 October 2022. He
denied ever meeting a section of Members of Parliament and offering them
money to abort their demand for the resignation or removal of Mr. Ofori-Atta.
However, it was established that he frequently attends Parliament House.
5.0 Observations
5.1 It appears from the OSP’s gathered intelligence that a wealthy businessman did
in fact attempt to offer money to a section of the majority caucus of Parliament
with the intention of influencing their demand for the resignation or removal of
Mr. Ofori-Atta as Minister for Finance. It also appears that the monetary offer
was rejected by the contacted Members of Parliament.
5.2 The OSP is almost convinced that Mr. XXXXXX XXXX XXXXXXX is the
businessman who attempted to offer to a section of the majority caucus of Parliament with the intention of influencing their demand for the resignation or removal of Mr. Ofori-Atta as Minister for Finance.
5.3 It appears to the OSP that Mr. Appiah-Kubi is the accuser and the vital key to
resolving the case. On the other hand, Mr. Kyei-Mensah-Bonsu appears to be of
limited utility in this regard since he is in no different a position from that of any
person who was not contacted by the wealthy businessman.
5.4 It seems to the OSP that the responses by Mr. Appiah-Kubi and Mr. XXXXXX
XXXX XXXXXXX appear to be rehearsed and well-choreographed to produce
a joint and similar denial of the events so vividly captured by Mr. Appiah-Kubi
in his interview with Joy FM.
5.5 The circumstances of the case are such that the cooperation and testimony of
the accuser of the well-known wealthy businessman are essential to a successful
prosecution. That is to say, in the context of this case, the gathered intelligence
of the OSP and its investigation of the activities of its identified suspect, Mr.
XXXXXX XXXX XXXXXXX, are not sufficient to sustain criminal charges.
The institution of criminal proceedings would of necessity require the input and
testimony of the accuser. This is because, the meeting occurred between the
accuser and his undisclosed colleagues and the suspect and whatever transpired
therein is known only to the accuser and his undisclosed colleagues and the
suspect. The events must be recounted by the attendees of the meeting if
criminal charges are to be sustained. This is even more so as, naturally, it appears
there is no record of the meeting.
5.6 We are not unmindful that the OSP can compel the accuser to testify as a
witness, by way of a subpoena, should criminal proceedings be instituted against
the identified suspect. However, there will not be much to confront the accuser
with in aid of compelling or leading him to confirm the actual identity of the
wealthy businessman and the amount of money offered by the latter – except
his bare interview on Joy FM and the gathered intelligence of the OSP that the
identified suspect attended Parliament House circa 1 October 2022 with no
particular business except to meet with a section of the majority caucus. Without the cooperation of the accuser, that would not pass muster in respect of the requisite standard of establishing guilt, which is proof beyond reasonable doubt.
5.7 Consequently, notwithstanding the OSP’s almost conviction that a certain wellknown wealthy Ghanaian businessman visited Parliament House circa 1 October
2022 and requested a meeting with a section of NPP Members of Parliament
and that the businessman in question had attempted to offer them money to
influence their demand for the resignation or removal of Mr. Ofori-Atta, and that Mr. XXXXXX XXXX XXXXXXX is the businessman in question – the
rehearsed and choreographed refusal to cooperate and continued refusal to
cooperate by the accuser and vital key, Mr. Appiah-Kubi, produce the very
unhappy result that there is not enough probative evidence (direct or
circumstantial) to sustain the institution of criminal proceedings against the
OSP’s identified suspect.
5.8 Mr. Appiah-Kubi’s refusal to cooperate with the investigation and his refusal to
disclose the identity of the suspect are most regrettable. It is quite perplexing for
a Member of Parliament to level accusations of attempted bribery on a person
(whether certain or uncertain) in a most spectacular and public manner on a
network of a major media house and then stage a bizarre volte-face by refusing
to cooperate with the investigation and refusing to disclose and/or confirm the
identity of the suspect.