The Office of the Special Prosecutor (OSP) in Ghana has officially notified the International Criminal Police Organisation (INTERPOL) to withdraw the Red Notice issued against individuals implicated in the infamous Airbus SE scandal.

This decision follows the conclusion of the OSP’s investigations, which found no substantial evidence of bribery against the named persons.

Speaking at a press conference in Accra, Special Prosecutor Kissi Agyebeng detailed the developments and the steps taken by his office. The Special Prosecutor stated that after thorough investigations, the OSP was unable to establish any acts of bribery or corruption involving the individuals who were previously under scrutiny.

“On 8 August 2024, the Special Prosecutor notified INTERPOL of the withdrawal of the Red Notice in respect of Samuel Adam Foster (also known as Samuel Adam Mahama), Philip Sean Middlemiss, Leanne Sarah Davis, and Sarah Furneaux.”
Special Prosecutor Kissi Agyebeng

On April 30, 2020, the OSP formally requested INTERPOL’s assistance in issuing a Red Notice against the four individuals. A Red Notice serves as an international request for cooperation in locating and provisionally arresting a person pending extradition.

However, OSP emphasized it is important to note that a Red Notice is not an arrest warrant in itself but rather a tool to facilitate international cooperation among law enforcement agencies.

Following the OSP’s request, INTERPOL issued the Red Notice on July 10, 2020, effectively putting the named individuals on a global alert list.

Earlier, on May 13, 2020, the OSP sought and obtained warrants from the Circuit Court in Accra for the arrest of Foster, Middlemiss, Davis, and Furneaux. Despite these efforts, the individuals remained out of reach, particularly as they were non-resident in Ghana at the time.

Challenges in Extradition and Return Efforts

The OSP faced significant hurdles in securing the return of the suspects to Ghana. As the Special Prosecutor clarified, the issuance of a Red Notice alone was insufficient to ensure the presence of the non-resident suspects in Ghana.

The OSP, being the body responsible for investigating corruption and related offenses, did not possess the legal mandate to request the extradition of suspects from foreign jurisdictions. This responsibility falls under the purview of other government agencies, such as the Ministry of Justice and Attorney General’s Department.

“In July 2020, the OSP sought, through the Ministry of Foreign Affairs and Regional Integration and the Ghana High Commission in the UK, the voluntary return to Ghana of Samuel Adam Foster for interviewing by the OSP, since he is a citizen of Ghana, apart from being a citizen of the UK.”
Special Prosecutor Kissi Agyebeng

However, these efforts proved unsuccessful, leaving the OSP with limited options.

After an exhaustive investigation, which included reviewing evidence and interviewing various witnesses, the OSP concluded that there was no sufficient evidence to prosecute the individuals involved for bribery.

Consequently, the Special Prosecutor directed the authorized officers of the OSP to rescind the arrest warrants issued by the Circuit Court in Accra on May 13, 2020.

This development marks a critical juncture in the Airbus SE scandal, highlighting the challenges faced by investigative bodies in securing the cooperation of international entities and the complexities involved in cross-border legal proceedings.