The investigation of an alleged attempt by a wealthy businessman to bribe members of the Ghanaian Parliament's majority caucus has been revealed by the Office of the Special Prosecutor (OSP).
The OSP clarified that due to Andy Appiah Kubi, the Member of Parliament for Asante Akyem North, who is the primary accuser in the case, not cooperating, the office was forced to conclude the investigation.
A certain wealthy businessman is alleged to have tried to bribe members of the majority caucus in Parliament in 2022 during their agitation for the resignation of Finance Minister Ken Ofori-Atta to get them to back down from their demands that the minister resign or that the president fire him.
The wealthy businessman who is suspected of trying to bribe the lawmakers has been identified by the OSP based on intelligence, the MPs having declined to participate with the investigations and provide a statement.
The MPs refused to accept the aforementioned bribe.
Thus, the OSP stated in the report that there is insufficient evidence to support criminal charges in this particular case based on the intelligence it has gathered and its investigation into the behavior of its designated suspect, [name withheld – Mr. XXXXXX XXXX XXXXXXX].
Finalization of the inquiries
Accordingly, the Special Prosecutor has ordered the inquiry into claims that a prominent and affluent businessman tried to bribe a portion majority caucus of Parliament.
It stated that the Special Prosecutor has determined that it would be ineffective to file criminal charges against the OSP's named suspect at this time.
It did, however, warn that if new information and circumstances warrant it, the probe might be reopened.
Justification
The OSP clarified that the accuser's involvement and testimony would unavoidably be needed to initiate criminal proceedings.
This is since the accuser, his concealed coworkers, and the suspect had a meeting; only these parties are aware of the details of the encounter. If criminal charges are to be brought, the attendees of the meeting must provide a recounting of the occurrences. is only known by the culprit, the accuser, and his unnamed colleagues. If criminal charges are to be brought, the attendees of the meeting must provide a recounting of the occurrences.
This is made much more apparent by the fact that it seems the meeting was never recorded.
Notes
According to the report, the OSP received information indicating that a wealthy businessman actually made an attempt to bribe a member of the majority caucus in Parliament to influence their demand that Mr. Ken Ofori-Atta quit or be removed from his position as Minister of Finance.
"It also seems that the Members of Parliament who were contacted declined the financial offer."
View the complete report by clicking the link below.
1.0 Overview
1.1 This report, which details an investigation into alleged attempts to bribe the majority caucus of the Ghanaian Parliament, is presented by the Office of the Special Prosecutor (OSP).
To preserve both national security and the privacy of those who were questioned and looked at, the report has undergone extensive redaction.
1.2 The Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374) contain regulation 31(1)(g) that requires the OSP to publish any acts of corruption discovered through the receipt, collection, or collation of reports, documents, materials, complaints, allegations, information, and intelligence. This is the basis for this report.
2.0 The Caucus of Majorities
2.1 One hundred and thirty-seven (137) members of the ruling New Patriotic Party (NPP) and one (1) independent member of parliament make up the majority caucus of the eighth Parliament of the Fourth Republic.
3.0 The Grievances
3.1 A pressure organization called Occupy Ghana filed a complaint on November 3, 2022, requesting that the OSP look into claims that a wealthy businessman attempted to bribe members of the majority caucus in Parliament.
3.2 Occupy Ghana said that it had followed media reports from interviews with the Member of Parliament for the Ashanti Region's Suame Constituency, Mr. Osei Kyei-Mensah-Bonsu, Majority Leader and Minister for Parliamentary Affairs, and the Member of Parliament for Asante, Akyem Mr. Andy Kwame Appiah-Kubi, the North Constituency in the Ashanti Region, in which the two Members of Parliament claimed that a wealthy, unidentified businessman had tried to bribe a portion of the Parliamentary majority caucus.
3.3 According to Occuy Ghana, if the claim of attempted bribery is proven true, it would represent an effort to sway how Members of Parliament behave while doing their official duties.
Occupy Ghana thereupon asked the OSP to look into the issue and, if proven, to bring charges.
4.0 Research
4.1 The Special Prosecutor authorized the start of a preliminary inquiry by rule 5(1)(b) and a full investigation by regulations after deciding that the OSP's mandate encompasses the allegations of bribery. The Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374) contain clauses 5(1)(c) and 6.
4.2 The Office of the Rt. Hon. Speaker of Parliament provided support and facilitation for the investigation.
The investigation was conducted with the least amount of invasion of privacy that the circumstances allowed.
4.3 The duration of the inquiry was eight months. When required, people's identities are revealed.
4.4 According to the investigation, in September 2022, eighty (80) NPP MPs openly demanded that Mr. Kenneth Nana Yaw Ofori-Atta, the Minister of Finance, resign or be removed due to concerns about his incapacity to oversee Ghana's economy. Mr. Appiah-Kubi appeared to be the group of eighty's spokespersons.
4.5 On Joy 99.7 FM, a radio station, Mr. Kyei-Mensah-Bonsu and Mr. Appiah-Kubi were interviewed.
station based in Accra, on developments on the call for Mr. Ofori-Atta's resignation or dismissal.
The interviews were extensively shared on many media platforms, such as audio-visual versions shown on Joy Prime and Joy News.
4.6 Mr. Appiah-Kubi had his initial interview on schedule. He declared categorically that on October 1, 2022, a particular well-known, wealthy Ghanaian businessman came to Parliament House and asked to meet with some NPP members of parliament.
He claimed that at the meeting, a well-known, wealthy businessman gave them large quantities of cash in envelopes in an attempt to get them to back down from their demand that Mr. Ofori-Atta step down or be removed.
He went on to say that the MPs refused the money offer and maintained their position.
During the conversation, Mr. Appiah-Kubi refrained from revealing the identity of the well-known, affluent businessman.
In an interview with Joy FM, he stated that on October 1, 2022, a well-known, wealthy Ghanaian businessman sought a meeting with a group of NPP members of parliament at Parliament House and that the businessman had made an attempt to bribe them.
He did not, however, want to view the audio-visual version of his Joy FM interview.
He was nevertheless shown the interview again. After that, he successfully cited his right to silence.
He declined to reveal the names of the MPs who attended the meeting with the unidentified businessman.
He declined to reveal the affluent businessman's identity.
He declined to reveal how much the unnamed businessman had given.
He declined to respond to any further queries.
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 within 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 well-known 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.
6.0 Further Action
6.1 On that reckoning, 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.
6.2 The investigation may be re-opened should the circumstances and further facts so dictate.
7.0 Commendation
7.1 The OSP commends the Rt. Hon. Speaker of Parliament, Alban Sumana Kingsford Bagbin and his Office, especially the Legal Counsel for their assistance and facilitation of the investigation.
7.2 The OSP also commends the public spiritedness of the pressure group, Occupy Ghana
Kissi Agyebeng
The Special Prosecutor
The Republic of Ghana
28 December 2023
source: graphiconline
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