AKSA Energy deal: Evidence of conspiracy enough to prosecute implicated officials – Ayikoi Otoo

Former Attorney General Nii Ayikoi Otoo asserts that evidence implicating public officials in a criminal agreement could warrant prosecution in the AKSA Energy bribery scandal. Under Ghanaian law, individuals can be held criminally liable for participating in an agreement to commit a crime, even if they were not physically present.

Speaking on Joy FM’s Midday News, Otoo explained that conspiracy legislation allows authorities to prosecute those involved in such agreements. This follows the US conviction of former Tema Oil Refinery (TOR) Managing Director, Asante Kwaku Berko, over a power plant deal linked to the bribery scheme. The revelation has sparked calls for investigations into Ghanaian officials who may have been involved.

Otoo emphasized that funds allegedly paid in and outside Ghana should prompt investigations into the implicated individuals. He clarified that Ghanaian courts can exercise jurisdiction if the offense is partly committed within the country. The former Attorney General also addressed the roles of the Office of the Special Prosecutor (OSP) and the Attorney General in pursuing potential prosecutions, noting that the OSP can initiate proceedings but the Attorney General has the power to discontinue them.

Otoo questioned whether the Attorney General would have the political will to prosecute officials connected to the alleged bribery scheme, expressing concern that his own people may receive leniency. He urged state institutions to examine the US evidence and take appropriate legal action against those found to have participated in the scheme.