The conviction of former Goldman Sachs banker Asante Kwaku Berko in the United States does not automatically establish criminal guilt for Ghanaian officials. Anti-corruption campaigner Edem Senanu made this clear regarding the Aksa Power Generation project investigation. He stressed that Ghana's Office of the Special Prosecutor (OSP) must independently prove culpability for each person involved.
Senanu explained that the OSP needs to show that each individual actually received money and was influenced by such payments. This is crucial for the award or execution of the contract. The US conviction provides important investigative leads, but it does not meet the evidentiary standards required by Ghanaian courts. Each case demands additional witness evidence to confirm money transfers and receipts.
This situation highlights the complexities of prosecuting international corruption cases within Ghana's legal framework. The OSP has identified several Ghanaian officials as persons of interest. However, being a person of interest does not mean an individual is a suspect or has been found guilty. This designation indicates investigators have information linking individuals to the matter, but lack sufficient corroborating evidence for formal suspicion.
Edem Senanu, speaking on the Asaase Breakfast Show, emphasized the need for evidence beyond emails and information from the US case. The OSP's investigation requires additional proof to confirm alleged payments to specific Ghanaian officials. For example, the US case included emails where Berko allegedly documented payments. Ghanaian courts will need stronger, corroborated evidence.
Investigators must identify individuals who participated in the alleged transactions and are willing to provide evidence. These individuals could become prosecution witnesses. Senanu cautioned against expecting immediate prosecutions, noting that complex international corruption cases often take years. He cited the US investigation into Berko, which lasted six years and involved a lengthy legal battle.
Tracing alleged payments beyond electronic financial records presents another challenge. If money was withdrawn and physically moved into Ghana, electronic trails might disappear. Investigators would then need witnesses and documentary evidence from intermediaries. They could examine hotel records, travel details, and other documents to corroborate witness accounts.
Former power minister Dr. Kwabena Donkor would naturally be a person of interest because the project fell under his ministry. However, Senanu stressed that holding a ministerial position alone does not prove wrongdoing. Investigators must establish a direct connection between any alleged payment and an official's actions. The public should allow the OSP to complete its thorough investigation before drawing conclusions about named individuals. This ensures due process and a fair outcome for all involved.