Accra, Jan. 3, GNA – Mr Kissi Adjabeng, the Special Prosecutor, has directed the closure of investigations into allegations of a bribery attempt of a well-known and wealthy businessman of a section of the ruling New Patriotic Party (NPP) Parliamentary Majority Caucus.
The bribery attempt was meant to influence the demand of the Majority Caucus for the removal of Mr Ken Ofori-Atta as Finance Minister.
In a report on December 28, 2023, the Special Prosecutor said its intelligence showed that a wealthy businessman did in fact attempt to offer money to a section of the majority caucus of Parliament with the intention of influencing their demand for the resignation or removal of Mr Ofori-Atta as Minister for Finance.
It said it also appeared that the monetary offer was rejected by the contacted Members of Parliament.
The report said it appeared to the OSP that Mr Andy Kwame Appiah-Kubi, the NPP Member of Parliament for Asante Akim North, was the accuser and the vital key to resolving the case.
It said, on the other hand, Mr Osei Kyei-Mensah-Bonsu, NPP Majority Leader and Leader of Government Business in Parliament, appeared to be of limited utility in this regard.
“It seems to the OSP that the responses by Mr Appiah-Kubi and Mr XXXXXXXXXX XXXXXXX appear to be rehearsed and well-choreographed to produce a joint and similar denial of the events so vividly captured by Mr Appiah-Kubi in his interview with Joy FM,” the report said.
It said the circumstances of the case were such that the cooperation and testimony of the accuser of the well-known wealthy businessman are essential to a successful prosecution; “that is to say, in the context of this case, the gathered intelligence of the OSP and its investigation of the activities of its identified suspect, Mr
XXXXXX XXXX XXXXXXX, are not sufficient to sustain criminal charges.”
The report said the institution of criminal proceedings would of necessity require the input and testimony of the accuser; adding that this was because, the meeting occurred between the accuser and his undisclosed colleagues and the suspect and whatever transpired therein was known only to the accuser and his undisclosed colleagues and the suspect.
It said the events must be recounted by the attendees of the meeting if criminal charges were to be sustained.
It said this was even more so as, naturally, it appeared there was no record of the meeting.
“We are not unmindful that the OSP can compel the accuser to testify as a witness, by way of a subpoena, should criminal proceedings be instituted against the identified suspect,” it said.
“However, there will not be much to confront the accuser with in aid of compelling or leading him to confirm the actual identity of the wealthy businessman and the amount of money offered by the latter – except his bare interview on Joy FM and the gathered intelligence of the OSP that the identified suspect attended Parliament House circa 1 October 2022, with no particular business except to meet with a section of the majority caucus.”
It said without the cooperation of the accuser, that would not pass muster in respect of the requisite standard of establishing guilt, which is proof beyond reasonable doubt.
“Mr Appiah-Kubi’s refusal to cooperate with the investigation and his refusal to disclose the identity of the suspect are most regrettable,” the report stated.
“It is quite perplexing for a Member of Parliament to level accusations of attempted bribery on a person in a most spectacular and public manner on a network of a major media house and then stage a bizarre volte-face by refusing to cooperate with the investigation and refusing to disclose and/or confirm the identity of the suspect.”
The report, which failed to disclose the identity of the wealthy businessman at the centre of the investigations, has been heavily redacted to safeguard national security and to protect the privacy of persons investigated and interviewed.
The report is founded on regulation 31(1) (g) of the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374), which mandates the OSP to publish detected acts of corruption through the receipt, collection, or collation of reports, documents, materials, complaints, allegations, information and intelligence.
GNA
CAA/CA
3 Jan. 2024