Former Member of Parliament for Tamale Central, Inusah Fuseini, says the law governing the Office of the Special Prosecutor (OSP) does not permit the OSP to refer cases to be investigated by relevant authorities.
Speaking on JoyNews' Newsfile on Saturday, August 10, he emphasised that the OSP is rather authorised to request cases from other relevant bodies, including Commission on Human Rights and Administrative Justice (CHRAJ) and the Economic and Organized Crime Office (EOCO).
“What Gary is saying is not intended in the law that set up the Office of the Special Prosecutor. The law did not say that if the OSP concluded that its jurisdiction in the matter had not been properly evoked, it could suggest other institutions to take it up,” he said.
The New Patriotic Party (NPP) accused former President John Dramani Mahama of corruption in relation to the Airbus scandal, which involved the procurement of aircraft for the Ghana Armed Forces.
The case was referred to the Office of the Special Prosecutor (OSP) in September 2020 to investigate possible conflicts of interest, bribery, and corruption.
After a four-year investigation, the OSP cleared John Mahama, his brother Adams Foster Mahama, and others of any wrongdoing.
Despite these findings, NPP's Director of Legal Affairs, Gary Nimako, suggested that the matter should still be investigated by other bodies.
According to Mr Nimako, then-Vice President Mahama's decision to close a government procurement deal with a company that engages his brother as an agent is enough to suggest a conflict of interest and should be investigated by relevant authorities.
However, Mr Fuseini disagreed.
He added that he would have been shocked if the OSP arrived at a different conclusion.
Meanwhile, Deputy General Secretary of the NPP, Haruna Mohammed, has expressed satisfaction that the Office of the Special Prosecutor's investigation has identified former President John Mahama as "Government Official 1" in the Airbus bribery scandal.
In an interview on JoyNews’ The Pulse on Thursday, August 8, he said the “confirmation has strengthened the case for the NPP”, adding that "crime has no expiring date," and that the case can be pursued at any time.
Mr Mohammed also mentioned that the NPP's lawyers will review the OSP's report and that the party is satisfied with the identification of John Mahama as "Government Official 1."
"The NPP will state our position but we are very happy that the government official one is clearly John Mahama,” he added.
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