Ghana's Attorney-General is actively collaborating with United States authorities to pursue other individuals implicated in a GHS 13.5 million (US$1 million) bribery scheme. This action follows the recent conviction of Ghanaian-American businessman Asante Kwaku Berko in New York. Berko was found guilty of conspiring to violate the US Foreign Corrupt Practices Act (FCPA) and money laundering charges.
The bribery scheme was linked to the financing of a significant power plant project in Ghana. US prosecutors alleged that Berko facilitated over US$1 million in bribes to Ghanaian officials between 2014 and 2017. These payments aimed to secure government approval for the power plant, which was being developed by a Turkish energy company during a period of severe electricity shortages in Ghana.
This development underscores Ghana's commitment to tackling corruption, particularly in high-value public contracts. The conviction of Berko and the subsequent pursuit of other suspects reflect a broader trend of increased international cooperation in combating financial crimes. Ghana has faced persistent challenges with corruption, impacting investor confidence and economic development. This case could set a precedent for future investigations into similar alleged malpractices.
Deputy Attorney-General Justice Srem Sai confirmed the Attorney-General's engagement with US counterparts. He stated, "The Attorney-General is engaging his counterparts in the United States of America to bring to book persons implicated in the bribery scheme." This statement, made on Saturday, August 8, indicates a proactive stance by Ghanaian legal authorities.
The ongoing collaboration between Ghanaian and US authorities suggests potential further investigations and prosecutions. Decision-makers and markets will closely watch the outcomes, as successful prosecutions could enhance Ghana's anti-corruption credentials. This could also influence future foreign direct investment decisions in the country's energy sector and other large infrastructure projects.
The trial revealed that Berko and his co-conspirators allegedly planned a US$1 million payment to Ghana's then-Power Minister in April 2015. Additionally, five Ghanaian government officials reportedly received US$5,000 each for an all-expenses-paid trip to Turkey. This trip was purportedly to inspect equipment for the proposed power plant. Prosecutors also detailed tens of thousands of dollars in other alleged bribe payments.
Ghana's Parliament approved the power plant agreement in July 2015. US prosecutors stated that Berko and others used shell companies, false invoices, and nominee bank accounts to hide the alleged payments. These actions were designed to conceal the transactions from Goldman Sachs, Berko's former employer, and other parties involved in the deal. Goldman Sachs later withdrew from the project due to corruption concerns.
Berko, a dual US-Ghanaian citizen, faces a maximum sentence of 30 years in prison. His sentencing is scheduled for November. This criminal conviction follows a 2021 civil case brought by the US Securities and Exchange Commission (SEC). The SEC case resulted in a judgment against Berko for the same bribery allegations. He was permanently barred from violating the FCPA's anti-bribery provisions and ordered to surrender illicit gains.
Berko was extradited to the United States from Britain in July 2024. He had been arrested in London in November 2022. The conviction has reignited scrutiny in Ghana regarding the power plant agreement and the alleged involvement of Ghanaian officials. Ghanaian authorities have not yet publicly identified other individuals under investigation in connection with this scheme. The outcome of these further investigations will be crucial for Ghana's anti-corruption efforts.