The OSP Is Suppressing The Facts And Evidence In The AKSA-Ghana Bribery Deal For The Mahama Government

President John Mahama’s government has started the process of falsifying and suppressing the facts and evidence in the Asante Kwaku Berko-AKSA-Ghana bribery deal with the shamelessly profane lies and misrepresentations contained in the press conference held by the Office of the Special Prosecutor (OSP) on 26 August 2026 in which Dr. Kwabena Donkor was the only former senior political appointee targeted for naming as a person of interest in an ongoing cover-up investigation by the government.

The relevant time period for which Asante Kwaku Berko was sued in a civil action by the United States of America (US) Securities and Exchange Commission on 13 April 2020 and tried and convicted in the US on 6 August 2026 pursuant to a grand jury indictment filed on 26 August 2020 both in the United States District Court Eastern District of New York is clearly stated in the US Court Records as being between December 2014 and March 2017.

I state for the avoidance of doubt, without fear of being repetitive, and to enable me quote from the filings in the US Court that in both the civil and criminal action, the bribery transaction was said to have taken place: “In or about and between December 2014 and March 2017 (the "relevant time period"), BERKO was a member of the team at U.S”.

The President under whose watch the BERKO-AKSA-GHANA bribery deal was consummated both in the US and Ghana was President John Dramani Mahama (2013 to 2017) and the Ghanaian public office appointees were his appointees with one of the prominent participants being the president’s relative: a politically exposed person under our laws.

However, on 26 August 2026 the Special Prosecutor whom President Mahama has consistently protected and mentored since he assumed office for his second and last term on 7 January 2025 told the public on behalf of the government in or about the 35th paragraph after the salutations at the press conference intended for public deception that:

“On 6 August 2026, a federal jury in Brooklyn, New York, convicted Asante Kwaku Berko.... of conspiring to pay and paying more than $1m in bribes between 2014 - 2015 to multiple Ghanaian officials in connection with the development and financing of a 370 megawatt fuel oil plant in Tema, Ghana under a deal between the Republic of Ghana and Aksa Enerji Uretim A.S., a Turkish energy company and Goldman Sachs client.”

President Mahama’s Special Prosecutor in presiding over the OSP to intentionally falsify the facts and evidence presented to the US Courts which enabled the OSP to narrow the relevant period of the bribery transaction of $1m to between 2014-2015 allowed the government to deliver the names of the targeted suspects in the bribery deal in following words:

"As I stated earlier, we have been carefully investigating the Ghana dimension, and our public silence has not meant inaction. Our involvement with the case, and the evidence so far, enable us to identify the following as the main persons of interest:

• Kwabena Donkor, at all times the Minister of Power
• Francis Walkson Kwesi Dzata, at all times the Technical Advisor to the Minister of Power
• Solomon Adjetey Sowah, at all times a Deputy Director at the Ministry of Power
• Lyndon George Nii Saul Mettle, at all times a Director at Tricorp Group Limited
• Baffour Ankoma Brobbey, at all times an employee at Tricorp Group Limited."

As a matter of verifiable facts, the United States District Court Eastern District of New York did not convict Asante Kwaku Berko “of conspiring to pay and paying more than $1m in bribes between 2014 - 2015 to multiple Ghanaian officials in connection with the development and financing of a 370 megawatt fuel oil plant in Tema, Ghana under a deal between the Republic of Ghana and Aksa Enerji Uretim A.S., a Turkish energy company and Goldman Sachs client” on 6 August 2026.

Dr. Kwabena Donkor the main target of the government’s diversion of public attention from the serious allegations contained in the court records convicting Asante Kwaku Berko for the bribery offences that took place during the tenure of President Mahama’s first term in office was the Minister of Power between December 2014 and December 2015 when his appointment was purportedly terminated on the alleged grounds of his inability to have solved the dumsor he had promised Ghanaians within the one year in office.

The US Court Records show that the bribery deal moved from conspiracy to consummation with transfers of huge funds to Ghana between January 2016 and December 2016 when Dr. Kwabena Donkor’s appointment had been terminated by the then President Mahama. Any serious government intending a thorough investigation would not have overlooked these facts with the accompanying evidence.

President Mahama and the protected Kissi Agyebeng should tell the public whether the Ministry of Power was under autopilot between January 2016 and 7 January 2017 without any responsible Minister? What of the politically exposed person referred to severally in the US Court Records who is an alleged relative of President Mahama, does he have a name?

I have stated in a previous article that the OSP started investigations into the Asante Kwaku Berko-AKSA-Ghana bribery deal in April 2020. The Station Diary together with the Diary of Action of the investigation case docket on Asante Kwaku Berko’s case in the OSP should show what action the OSP has taken on that investigation within the past six years including when I was the founding Special Prosecutor.

Kissi Agyebeng the protected Special Prosecutor whose new mentor is President Mahama stated at the media conference on 26 August 2026 that the OSP collaborated with the US in the investigation leading to the conviction of Asante Kwaku Berko in the US. There must, therefore, be in existence a continuing case docket from 2020 on which the OSP was working with the US-FBI.

The inability of the President and his protected Special Prosecutor to tell Ghanaians what has happened to the investigations begun in April 2020 in the Asante Berko-AKSA-Ghana bribery deal means that the disappearance of the investigation case from the list of pending cases under investigation by the OSP over the years since Kissi Agyebeng became the Special Prosecutor was deliberately done to kill the OSP investigations started in April 2020.

The Statement of the OSP at its media conference on 26 August 2026 at which the Special Prosecutor state inter alia that: “. We have been actively and carefully investigating the Ghanaian dimension.” is a barefaced lie being told by the government to swindle the public about an intention to kill any investigations into the AKSA-Ghana bribery deal.

The conviction of Asante Kwaku Berko by the United States District Court Eastern District of New York on 6 August 2026 came as a surprise to the Mahama government which is now engaged in damage control using lies, fabrications, and propaganda to evade accountability. Dr. Kwabena Donkor has become the most prominent dispensable sacrificial lamp being offered to Ghanaians, because it is easy for the public to associate his dismissal with the bribery deal than with dumsor for which he lost his job as Minister for Power.

I will proceed to provide further and detailed facts from the court records from the Asante Kwaku Berko civil and criminal cases in the US to disable the sycophants in the Mahama government from misrepresenting the records in the future.

Asante Kwaku Berko was indicted by the Grand Jury on Seven Counts and convicted by the jury on the first three counts. Counts One and Three stated the period of the commission of the offences as being in or about December 2014 and March 2017 in identical terms in paragraphs 64 and 69 as follows:

“In or about and between December 2014 and March 2017, both dates being approximate and inclusive, within the Eastern District of New York and elsewhere, the defendant ASANATE KW AKU BERKO, together with others, did knowingly and .... conspire to”

Count Two charged him with violating the “Foreign Corrupt Practices Act” and limited the period of the commission of the offence in paragraph 67 to “on or about September 4, 2015” and the quantum of the amount involved to “. a wire transfer in the amount of $140,000 from Turkish Energy Company Account 2 to Consulting Company Employee Account that was processed through a correspondent bank account in New York, New York. (Title 15, United States Code, Sections 78dd-2 and 78ff(a); Title 18, United States Code, Sections 2 and 3551 et seq.)”

The foregoing demonstrates that no honest professional investigator and prosecutor worth any modicum of integrity who has studied his brief on the Asante Kwaku Berko civil and criminal cases in the US District Court Eastern District of New York would have called a media conference and deliberately twisted the facts as Kissi Agyebeng did on 26 August 2026 by narrowing and limiting the relevant time period “of conspiring to pay and paying more than $1m in bribes between 2014 - 2015 to multiple Ghanaian officials.” to cover only the period for which Dr. Kwabena Donkor was the Minister for Power in President Mahama’s government from January 2013 to 7 January 2017.

I have stated in earlier discourses on the Asante Kwaku Berko-Ghana-AKSA bribery deal that on 13 April 2020 the US Securities and Exchange Commission commenced a civil action against Asante Kwaku Berko in the US District Court Eastern District of New York. It is also a matter of public knowledge that on 26 August 2020 criminal proceedings were brought against Asante Kwaku Berko in the US District Court Eastern District of New York in relation to the allegations contained in the civil action. The Grand Jury Indictment stated as follows:

1. “ On or about September 8, 2016, Turkish Holding Company transferred $1 million to Ghana Consulting Company 1. Following this payment, Co-Conspirator 1 drafted an email to Co-Conspirator 2 thanking him for· the payment of $1 million per Ghana Consulting Company 1 's "invoice dated 11th July 2016 relating to the Service Agreement signed between [Turkish Holding Company and Ghana Consulting Company 1]". In the same email, however, Co-Conspirator 1 noted that a $2 million invoice, also dated July 11, 2016, was still outstanding. Co-Conspirator 1 sent this draft email to Co-Conspirator 4 and the Presidential Relative. (Emphasis supplied).
2. In or about and between September 28, 2016 and December 20, 2016, Turkish Energy Company transferred $1.5 million to the Berko Ghana Account 1.
3. U.S. Financial Institution ultimately did not provide financing to Turkish Energy Company or the Republic of Ghana in connection with the Power Plant.
4. The defendant ASANTE KWAKU BERKO gave notice to U.S. Financial Institution of his intent to leave in or about December 2016, and his employment with U.S. Financial Institution terminated on or about March 6, 2017.
5. On or about February 14, 2017, an additional $500,000 was transferred from the Turkish Energy Company Account 1 to the Berka Ghana Account 1.
6. The Power Plant reached operational completion in or about 2017.”

It is important to restate these recorded matter in the trial of Asante Kwaku Berko in the US which led to his conviction on 6 August 2026 in this discourse to avoid the perception that I am concocting the facts and evidence just to damnify the OSP as an institution and President Mahama’s government which is the new protector and mentor of Kissi Agyebeng, the Special Prosecutor.

Crime must be treated as crime instead of turning the hallowed criminal justice system which was bequeath to Ghanaians over generations into an instrument of political vendetta in which incumbent governments must selectively prosecute only their main political adversaries for corruption and other offences of dishonesty against the state to win the next election. That is not a path to cementing constitutionalism, the rule of law and democracy in the Ghanaian society. It is a path that evokes acrimony, resistance, denudes the unity of the country, and has led to the implosion of constitutions all over the world.

Governments and state institution must serve the electorate fairly and impartially. State institutions must never become gangsters of incumbent governments paid from the public purse operating against the interest of the Republic of Ghana.