In 2009, Airbus launched two campaigns to sell its C-295 military transport aircraft to the Government of Ghana.
The campaigns, led by Airbus employee 16, involved intermediary companies and individuals, including Intermediary 5, a UK national with Ghanaian roots, and his associates, Intermediary 6 and Intermediary 7.
Despite lacking experience in the aerospace industry, Intermediary 5 and his team played a crucial role in securing the aircraft sales.
They worked closely with Government Official 1, a key decision-maker in the Ghanaian government, and Airbus employees.
Government official 1, has turned out to be former President John Dramani Mahama with his brother Samuel Mahama described as Intermediary 5 in the court documents.
The first campaign resulted in the sale of two C-295 aircraft in 2011, with a purchase agreement signed on August 3, 2011.
Airbus paid €3,909,756 to a third-party company, Intermediary 8, which then paid €3,850,115 to Company D, the corporate vehicle for Intermediary 5 and his associates.
However, concerns arose about the relationship between Intermediary 5 and Government Official 1, with an external due diligence report identifying a risk of non-conformity with the OECD Convention on Combating Bribery. Despite this, Airbus proceeded with the sale.
The second campaign, which began in 2012, aimed to sell two more C-295 aircraft to the Government of Ghana.
However, the deal faced delays and frustrations, with Airbus employee 16 expressing concerns about the lack of progress.
In 2014, Airbus employee 16 emailed Intermediary 5, pushing for progress, and later sent a letter to the Ghanaian Ministry of Defence, raising concerns about the lack of progress. Intermediary 5 reassured Airbus employee 16 that Government Official 1 was looking into the matter.
The signed contract for the second campaign was dated March 5, 2015. However, Airbus did not enter into a written contract or make any commission payment due to concerns about Intermediary 8’s failure to participate in an interview and pass due diligence.
The Office of the Special Prosecutor (OSP) Investigation identified former President John Dramani Mahama as Government Official 1 in the Airbus bribery scandal.
However, the OSP found no evidence to suggest that John Mahama received any bribes but he was strongly linked to the bribery scandal by the US Justice Department and UK Serious Fraud Office.
According to Special Prosecutor Kissi Agyebeng, the investigation, which spanned four years, revealed that Mahama’s tenure as Vice President and President coincided with the timeframe of the UK and US investigations into the sale of aircraft to Ghana.
The OSP’s findings also identified Adam Mahama, John Mahama’s brother, as Intermediary 5, who received payments from Airbus.
However, there is no evidence to suggest that John Mahama benefited from these payments.
Conclusion
The Airbus scandal highlights the need for transparency and accountability in international business transactions.
The OSP’s investigation and findings have brought clarity to the case, highlighting the complexities of corruption and the need for thorough investigation and evidence-based conclusions.
-BY Daniel Bampoe
