Statesman and founding member of the opposition New Patriotic Party (NPP), Dr Nyaho Nyaho Tamakloe, has called for full disclosure and accountability over what he describes as a “scandalous” power plant bribery case that has linked Ghanaian officials to a conviction in the United States.
Speaking after a US court convicted former Managing Director of the Tema Oil Refinery (TOR), Kwaku Asante Berko, Dr Nyaho Tamakloe said the time has come for Ghana’s anti-corruption agencies to act on information emerging from the American prosecution and inform the public of all Ghanaians implicated.
His comments came in the wake of revelations from the US Department of Justice (DOJ), which detailed how a bribery scheme involving Turkish energy company Asanko and global investment bank Goldman Sachs was used to secure contracts for the development and management of a power plant in Ghana between 2009 and 2014.
According to court documents filed in the Eastern District of New York, Berko was named in the prosecution of the scheme. His mention has renewed public debate in Ghana about corruption in the energy sector and the need for local authorities to follow up on cases prosecuted abroad.
Dr Nyaho Tamakloe said the prosecution of Berko in the US should not be the end of the matter. He called on the Economic and Organised Crime Office (EOCO) and the Office of the Special Prosecutor (OSP) to study the US court findings and take appropriate action.
“I have been calling for this for a long time now. I believe strongly that if persons are found culpable, they should face the law. And if they are not, that should also be made public so we put the matter to rest.”
Dr Nyaho Nyaho Tamakloe
He argued that because the case was tried outside Ghana’s jurisdiction, it was even more important for domestic institutions to take ownership of the process and ensure transparency. According to Dr Nyaho Tamakloe, the fact that the case was held outside the borders of the country made it necessary for Ghanaians to be informed about what exactly happened and who was involved.
“Today’s action sends a clear message that we will pursue those who engage in bribery to obtain business overseas.”
Dr Nyaho Nyaho Tamakloe
Consequently, he urged civil society and the media to keep the pressure on authorities to avoid what he called a culture of impunity, where high profile cases are mentioned abroad but never addressed at home.
US Bribery Findings Put Ghana’s Anti-Corruption Agencies Under Pressure
The US DOJ says the case represents a significant development in the fight against foreign bribery. Prosecutors allege that between 2009 and 2014, executives and agents of Asante Berko engaged in a scheme to pay bribes to Ghanaian government officials to obtain and retain business related to a power plant project.
The goal, according to the DOJ, was to secure the passage of a power purchase agreement (PPA) through Ghana’s Parliament and to ensure other regulatory approvals that would allow the project to proceed.
Court filings state that the bribes, totalling more than $4 million, were paid to various Ghanaian officials. The payments were allegedly disguised through shell companies, sham invoices, nominee accounts and cash withdrawals to conceal their origin.
One of the key allegations involves Kwaku Asante Berko. Prosecutors claim that in April 2014, Berko and other co conspirators discussed paying $1 million to members of the Ghanaian Parliament to ensure the PPA was approved.
In another instance, Berko is alleged to have requested $100,000 to pay the legal fees of a Member of Parliament who was expected to help facilitate the agreement. To move the money, the conspirators allegedly routed payments through bank accounts in the United States and other countries.
The scheme also involved using intermediaries to distance the company from the direct payment of bribes. US authorities say the bribes were paid in exchange for official actions by Ghanaian officials, including lobbying Parliament and other government bodies to approve the power deal.
The DOJ further alleges that Goldman Sachs, which was considering an investment in the project, eventually withdrew due to concerns about corruption and the risks associated with the bribery scheme. The Acting US Attorney for the Eastern District of New York and officials from the DOJ’s Criminal Division described the prosecution as part of an effort to combat corruption that distorts markets and undermines development in countries around the world.
EOCO And OSP Urged To Take Charge Of Ghanaian Dimension
The revelations have put pressure on Ghana’s anti-graft institutions to respond. Dr Nyaho Tamakloe specifically mentioned EOCO and the OSP as the bodies best placed to review the US evidence.
He argued that under Ghanaian law, bribery, corruption and money laundering are punishable offences. If any Ghanaian official is found to have received bribes, they could face prosecution locally.
However, as of now, no Ghanaian has been formally charged in Ghana in connection with this specific case. The OSP has previously indicated that it monitors international cases with Ghanaian links, but has not announced any direct action on this matter.
Dr Nyaho Tamakloe said Ghana cannot afford to be seen as a country where foreign courts do the work of exposing corruption while local institutions remain silent. He further argued that Ghanaian authorities should demonstrate their commitment to addressing corruption cases with links to the country.
“We live in a global economy where corruption has no borders. If the US can prosecute people for bribing our officials, then we must also show that we are serious about fighting corruption at home.”
Dr Nyaho Nyaho Tamakloe
Additionally, he emphasised that transparency in this case would also help restore public confidence in the management of the energy sector, which has faced several challenges over the years, including debt, inefficiency and allegations of shady deals.
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