Renowned Private legal practitioner, Hon. Inusah Fuseini has expressed doubt about the success of an invitation issued from the Office of the Special Prosecutor, Mr. Martin Amidu to four non-resident Ghanaians to assist in investigations into the infamous Airbus SE scandal.
A public notice by the OSP said the individuals identified by acronym in the Statement of Facts and accepted as findings of fact in a judgement of the UK Crown Court are to assist in the investigation of corruption and corruption-related offences in the purchase of the Aircraft.
The OSP notice read: "SAMUEL ADAM FOSTER a. k. a. SAMUEL ADAM MAHAMA a UK/Ghanaian citizen, and the three other UK nationals: PHILIP SEAN MIDDLEMISS, LEANNE SARAH DAVIS and SARAH FURNEAUX are hereby invited to assist the Office of the Special Prosecutor in the on-going investigation of bribery and corruption involving in excess of 3,596,523.00 Euros and 1,665,000.00 Euros respectively, and collaborating with Ghanaian public Officers to use their public office for private profit or benefit in the purchase of three (3) C-295 aircraft by the Government of Ghana from Airbus SE".
Reacting on Okay FM’s Ade Akye Abia Morning Show, the Member of Parliament for Tamale Central Constituency described the invitation by one of the country's longest-serving Deputy Attorney-Generals as much ado about nothing.
“First of all, I am a bit confused because Martin Amidu is an astute lawyer in this country but he also knows that our criminal jurisdiction is territorial and so if someone commits a crime, it should be done in the country and if the person is outside, we cannot go beyond the borders to arrest the person. We don’t have that power. Martin Amidu himself knows that he does not have that power to arrest or invite anybody to assist in investigations into the Airbus scandal unless he invokes a mutual legal assistance regime between Ghana and United Kingdom”, he argued.
He explained Mr Amidu's action cannot be considered as an act of mutual legal assistance, since under such regime, the Special Prosecutor is not permitted to announce their names in the dailies.
“The mutual legal assistance scheme, if you invoke it, then you don’t announce it. You only deal with the United Kingdom’s government and its Attorney-General office, especially the one that takes care of their constitution to discuss what you are doing in Ghana and how the issue comes under mutual legal assistance scheme”, he explained, adding that "inviting those four people to travel to Ghana, sleep in a hotel and assist him" in an investigation is unheard off; insisting that his "action has no precedence" especially in a criminal investigation of this nature.
“In Ghana, our law says that everyone has his/her civic responsibility to assist in the prevention of a commission of a crime and so it is up to you and me in Ghana to do that...it is not up to Ghanaians to ensure that a crime is not committed in Britain and neither does it depend on a British national to ensure that a crime is not committed in Ghana”, he opined.
He made it clear that “even if there had been an element of criminality in the Airbus scandal, the crime may have been committed in the United Kingdom”.
"....but i want to Martin Amidu the benefit of doubt...maybe he knows something that I don't know regarding the people he has invited to assist in getting to the bottom of the Airbus scandal," he added.
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