The New Patriotic Party Director of Legal Affairs Gary Nimako Marfo Esq. has raised concerns about the OSP’s exoneration of former President John Dramani Mahama flagbearer of the National Democratic Congress [NDC] in the infamous Airbus scandal.
Nimako began his critique stating that, “Let me state without any equivocation that I agree with the findings of the OSP.” However, he continued, “I disagree with his conclusion.” Mr. Nimako’s stance emphasized that while the investigative process may have been thorough, the interpretations of the evidence may have been flawed.
Mr. Nimako revealed that several judicial bodies from different jurisdictions had concluded that Airbus had paid intermediaries to secure business deals with officials from various countries, including Ghana. He pointed out that these findings were not merely allegations but were supported by what he described as “unimpeachable evidence.”
Mr. Nimako noted that Airbus itself had approached investigators in the United States, France, and the United Kingdom, acknowledging their wrongdoing and agreeing to pay substantial fines to avoid prosecution. “Airbus by themselves, with this unimpeachable evidence, approached the investigators” he emphasized, listing the involved countries.
Mr. Nimako further argued that if Airbus had believed the evidence gathered against them was unfounded, they would have challenged it in court. Instead, they chose to settle it, which in his view was an acknowledgment of their guilt.
Mr. Nimako further highlighted the claims made by Samuel Adam Mahama; a key figure implicated in the scandal. According to Mr. Nimako, Samuel Mahama has argued that the payments he received were legitimate commissions, not bribes. However, Mr. Nimako strongly disagrees with this assertion.
“Now we are being told that Samuel Adam Mahama is saying that the moneys he received were indeed commissions, they were neglect money.”
Mr. Gary Nimako Marfo Director of Legal Affairs
Mr. Nimako suggested that if these payments were indeed legitimate, Airbus would have also contested the judgment, asserting that the money paid to Mahama and others was lawful.
Mr. Nimako further argued over the OSP’s decision by highlighting the history of the procurement process, which started during former President Kufuor’s administration.
He suggested that the roots of the transaction are deep and extend across multiple administrations. Mr. Nimako further shifted the focus to the period under President Atta Mills, where significant changes were made to the aircraft involved.
“It was only in Mills’ time that they changed the brand of the aircraft,” he stated.
Mr. Nimako pointed out that it was during this phase that Samuel Adam Mahama, a relative of the former President, became a prominent figure in the deal.
Mr. Nimako raised a critical question about the involvement of former President John Dramani Mahama, flag bearer of the National Democratic Congress in the process leading to the purchase of the aircraft for the military.
“What was the motive that our president [had] in closing this deal when he knew or ought to have known that the person who was leading the transaction was his blood brother?”
Mr. Gary Nimako Marfo Director of Legal Affairs
Mr. Nimako emphasized the importance of understanding the broader context rather than looking for direct evidence of corruption. He therefore called for the entire set of circumstances surrounding the deal to be considered.
“You can never, find a direct transfer or convey[ance] of cash to somebody.”
Mr. Gary Nimako Marfo Director of Legal Affairs
The OSP decision of the Airbus Scandal
Furthermore, Gary Nimako, the Board Chairman of the National Lottery Authority turned to the Office of the Special Prosecutor (OSP), which investigated the matter. He acknowledged the thoroughness of the OSP’s investigation but disagreed that no direct evidence implicating the former president had been found.
“Where there has been pronouncement by a court of competent jurisdiction in the UK and in the US and France on their findings of facts, it’s important to take those findings into account.”
Mr. Gary Nimako Marfo Director of Legal Affairs
Despite Airbus taking responsibility and paying fines, he argued that if the company had believed it could defend itself, it would not have accepted liability so readily. Mr. Nimako highlighted a significant divergence in his views regarding the interpretation of the Airbus scandal’s findings and the legitimacy of the payments made to intermediaries. His remarks reflect a broader debate over the implications of the scandal and the accountability of those involved.
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