Ghana's NPP on Nolle Prosequi Use: No Discontinuation of Corruption Cases

• The New Patriotic Party (NPP) has denied using nolle prosequi to discontinue corruption cases against its appointees.
• Allegations surrounding the AKSA Power transaction have raised serious questions about public decision-making in Ghana.
• US prosecutors have accused former Goldman Sachs banker Kwaku Asante Berko of bribing Ghanaian government officials between 2014 and 2017.
• Ghana's systems for ensuring value for money and preventing corruption are under scrutiny following the AKSA Power transaction scandal.

We cannot gloss over them because they are becoming one too many, one too many instances where Ghanaian public contracts are said to have been compromised and then the persons involved or at the heart of the compromise are convicted in foreign court.

The New Patriotic Party (NPP) has maintained that it has never used nolle prosequi to discontinue corruption cases against its appointees, despite allegations to the contrary. This assertion was made by Manhyia South MP Nana Agyei Baffour Awuah in response to criticisms from Majority Chief Whip Rockson-Nelson Dafeamekpor. According to Mr. Awuah, no NPP government has ever filed nolle prosequi in respect of any appointee or former appointee facing corruption-related charges. This stance is at odds with the claims made by Mr. Dafeamekpor, who could not recall specific instances but suggested that the NPP had indeed used nolle prosequi in the past. The disagreement highlights the ongoing debate over the NPP's record on corruption prosecutions and its commitment to upholding the rule of law.

The allegations surrounding the AKSA Power transaction have raised serious questions about the integrity of public decision-making in Ghana. According to US prosecutors, former Goldman Sachs banker Kwaku Asante Berko was involved in a scheme to bribe Ghanaian government officials between December 2014 and March 2017. The alleged involvement of public officials makes the matter particularly concerning, as it suggests that corruption may have influenced key decisions regarding the AKSA Energy deal. Mr. Baffour Awuah has argued that Ghana should not overlook these allegations simply because they are being pursued in a foreign jurisdiction. Instead, he believes that the country must take concrete action to address the weaknesses in its systems for ensuring value for money and preventing corruption.

In light of the allegations surrounding the AKSA Power transaction, Mr. Baffour Awuah has maintained that the NPP's call for an inquiry into the matter is justified. He argues that such an inquiry would help to establish the facts and provide a clear understanding of what went wrong. According to Mr. Awuah, the inquiry should be seen as a necessary step towards addressing the weaknesses in Ghana's systems for ensuring value for money and preventing corruption. By taking concrete action, Ghana can demonstrate its commitment to upholding the rule of law and protecting its citizens from corruption.

Lawyers should watch for potential implications of the AKSA Power transaction scandal, particularly with regards to Ghana's ability to prevent and prosecute corruption domestically, and consider advising clients on the need for an inquiry into the matter.

Source: Original reporting via Emmanuel Tetteh