5 key reasons why the Special Prosecutor closed the Airbus investigation

The Office of the Special Prosecutor (OSP) has formally concluded its investigation into the Airbus bribery scandal, which involved high-ranking Ghanaian officials and intermediaries including former President John Dramani Mahama. 

The decision to close the case was based on several key observations made by the OSP during its thorough examination of the matter. The observations were contained in the document released today titled: Report of Investigation into Alleged Bribery of Ghanaian Officials by Airbus SE.

1. Lack of direct evidence

The OSP's investigation, which relied heavily on mutual legal assistance requests from UK and US authorities, found no new evidence beyond what was already documented in the Deferred Prosecution Agreements (DPAs) and judicial decisions from those jurisdictions. Despite extensive efforts, the OSP's findings largely mirrored those of the Serious Fraud Office (SFO) in the UK and the Department of Justice (DOJ) in the US. The investigation concluded that there was no direct evidence linking former President John Dramani Mahama or other Ghanaian officials to any corrupt practices in the Airbus transactions.

2. Legitimate procurement process

The OSP's findings revealed that the acquisition of three C-295 military transport aircraft from Airbus by the Government of Ghana followed standard procurement procedures. The contracts, signed between 2011 and 2015, were approved by Parliament and adhered to the legal requirements for such transactions. The investigation found that the involvement of intermediaries, including Samuel Adam Mahama, was in line with Airbus’s common practice of using third-party agents to facilitate international sales, rather than an indication of bribery or corruption.

3. Familial relationships and conflict of interest

While the investigation did acknowledge the close familial relationship between former President Mahama and his brother, Samuel Adam Mahama, it found no evidence that this relationship influenced the procurement process.

However, the OSP did note that the involvement of family members in such high-stakes negotiations could raise suspicions of conflict of interest. The OSP emphasized that, although no wrongdoing was found, such situations should be avoided in future to prevent any appearance of impropriety.

"Such close proximity dealings by such elected high officials of the Republic and their kin and close associates on behalf of the Republic should neither be viewed favourably nor encouraged – as they give rise to reasonable suspicion of influence peddling and conflict of interest. Never mind any intended good faith," the report stated.

"Then again, the direct participation of the President and the Vice President (on behalf of the Republic) in commercial communications and meetings with commercial entities should not be encouraged either – as they expose these elected high officials to the spectre of the slightest hint of perceived corruption that may attend international business transactions. The President and Vice President should be insulated from such direct commercial dealings.

"Indeed, it seems to the OSP that the only reasons why the Airbus-Ghana deal found its way into the UK and US DPAs were the fact that former President Mahama and Samuel Adam Foster were brothers of the full blood; and that former President Mahama directly participated in commercial communications and meetings with Airbus officials".

4. No bribes or improper favours

The investigation found no evidence to suggest that bribes were paid by Airbus to Ghanaian officials, including former President Mahama, or that any improper favors were granted in return for the purchase of the aircraft. 

The payments made to intermediaries were determined to be legitimate success-based commissions, not bribes intended to influence the outcome of the transaction.

5. Withdrawal of arrest warrants and INTERPOL notices

As a result of the findings, the Special Prosecutor has directed the closure of the investigation and the withdrawal of arrest warrants issued on May 13, 2020, for Samuel Adam Mahama, Philip Sean Middlemiss, Leanne Sarah Davis, and Sarah Furneaux. The OSP also notified INTERPOL of the withdrawal of Red Notices previously issued for these individuals.

While the case is now closed, the OSP has urged caution in future dealings to avoid any potential conflicts of interest or suspicions of impropriety in government transactions.

"The Special Prosecutor has directed the closure of the OSP investigation into alleged bribery of high-ranking Ghanaian officials by Airbus SE, through intermediaries, in respect of the sale of military transport aircraft by Airbus SE to the Republic of Ghana between 2009 and 2015," the report said.

"The OSP would not institute criminal proceedings against any person in respect of this investigation. The Special Prosecutor has also directed authorized officers of the OSP to rescind the 13 May 2020 warrants of arrest obtained from the Circuit Court, Accra for the arrest of Samuel Adam Foster (also known as Samuel Adam Mahama), Philip Sean Middlemiss, Leanne Sarah Davis, and Sarah Furneaux.

"On 8 August 2024, the Special Prosecutor notified INTERPOL of the withdrawal of the Red Notice in respect of Samuel Adam Foster (also known as Samuel Adam Mahama), Philip Sean Middlemiss, Leanne Sarah Davis, and Sarah Furneaux".

This closure marks the end of one of Ghana's most high-profile investigations into alleged corruption.

Read also:

This is why OSP will not institute criminal proceedings against any person in Airbus scandal [FULL REPORT]

OSP names John Mahama as 'Government Official 1' in Airbus Scandal, clears him of corruption

Airbus scandal: Mahama exonerated, OSP says no evidential basis to suggest Mahama was involved in bribery