Renowned private legal practitioner, Martin Luther Kpebu, has publicly expressed his disagreement with the Office of the Special Prosecutor (OSP) regarding its recent clearance of former President John Dramani Mahama in the controversial Airbus SE scandal.

According to Mr. Kpebu, the OSP’s decision to absolve Mahama of any wrongdoing does not conclusively address the core issues at hand, particularly the involvement of Mahama’s brother, Samuel Adam Mahama, in the transaction.

In his remarks, Mr. Kpebu emphasized that the issue is not simply about money being found in John Mahama’s personal accounts, but rather the circumstances surrounding the transaction that warrant closer scrutiny.

“At my age in life, reading criminal law and everything, you think we were going to look for corruption that they were going to put the money in JM’s account or his hands then, say yes, we’ve found corruption? This thing is really bad and that’s why Atta Mills wasn’t happy about it.”
Martin Luther Kpebu, Private Legal Practitioner

The OSP, led by Special Prosecutor William Kissi Agyebeng, announced on August 8, 2024, that after thorough investigations, there was no evidence to suggest that former President Mahama had received a bribe or engaged in corrupt practices in connection with the procurement of three military aircraft from Airbus.

However, Mr. Kpebu contends that this conclusion overlooks the broader implications of the payments made to Samuel Adam Mahama, asserting that these payments would not have been made were it not for his direct relationship with the former president.

Mr. Kpebu further argued that accepting the OSP’s conclusion without question would render him inconsistent in his stance against corruption. He suggested that the rampant corruption perceived under the current administration of President Nana Akufo-Addo and Vice President Dr. Mahamudu Bawumia has inadvertently shielded Mahama from greater scrutiny.

Future Prospects for the Airbus SE Case

While acknowledging that the OSP’s findings currently close the case due to a lack of incriminating evidence, Mr. Kpebu stressed that this closure is not definitive. He noted that the matter could be revisited should new evidence emerge in the future.

However, Mr. Kpebu raised concerns about the potential limitations imposed by Ghana’s constitutional provisions on prosecuting former presidents. Under Article 57, an ex-president can only be prosecuted within three years of leaving office.

Given that this period has now elapsed for Mahama, Kpebu expressed doubts about the possibility of future legal actions against him but maintained that new evidence could still advance the country’s democratic process.

“But matters like this, this will not be the end,” Kpebu warned, indicating his belief that the controversy surrounding the Airbus SE scandal will continue to resonate in Ghanaian politics.

“Let’s call it for now, a truce. Matters like this, because it is criminal in nature and the OSP acknowledges it, if tomorrow they find any evidence that is incriminating, they will go back into it.”
Martin Luther Kpebu, Private Legal Practitioner

Martin Kpebu’s comments have sparked significant discussion among legal experts and the general public, as they touch on broader issues of accountability and the fight against corruption in Ghana.

His willingness to lead demonstrations against future administrations, including a potential Mahama presidency, highlights his commitment to ensuring that such practices are not perpetuated.

The debate surrounding the Airbus SE scandal is far from over, as Martin Luther Kpebu’s strong stance suggests. While the OSP has temporarily closed the case against former President Mahama, Kpebu’s critique underscores the ongoing challenges in Ghana’s fight against corruption and the complexities involved in holding public officials accountable.