THE GRAND CONSPIRACY IN THE M&J BRIBERY SCANDAL UNRAVELLED

I have for the past few days read and listened to several fallacious comments about the verdict of the Southwark Crown Court in the matter relating to the M&J bribery scandal. Indeed, as per the facts available on the official website (www.sfo.gov.uk) of the Prosecutors in the matter, ie. The UK Serious Fraud Office; it is obvious that there was a blatant disregard for The Principle of Natural Justice (“audi alterem partem and nemo judex causa sua”), and a classical case of 21st Century colonialism.

Having thoroughly read the official document, I am amazed at the nebulous appreciation of issues, the unsavoury comments and relentless hobby of our colonial masters in destroying the hard earned reputation of our noble statesmen ( independent of the facts), by using their Judicial system and its apology state institution to orchestrate this malicious scheme. This unbecoming domineering posture remains blight on the corporate integrity of the United Kingdom and also a huge threat to building a global democratic culture and fostering better international relations.

Indeed, the diction in the official document displayed on the website of the UK Serious Office clearly confirms this assertion. It is significant to note that this document contains several factual errors, mischief and disparaging remarks which impute a clandestine motive of destroying the hard earned reputation of our state officials and creating a false impression to the international community that they are committed in fighting corruption in third world countries. It is surprising that when a similar case came to the doorsteps of the UK Government in the matter relating to some transactions in Saudi Arabia, they declined to investigate the matter on grounds that they were committed to maintain the international relations with the Saudi Government. Perhaps, they didn't want to loose the fuel supply from the Saudi Government. The U-Turn of the UK Government in their earlier commitment to investigate the matter after the Saudi Government threatened to withdraw their trade relations speaks volume of the lack of political will of the UK Government in fighting corruptions in certain jurisdictions.

Could this M&J Corruption saga be a clear case of father-son relationship? Or it is a sheer case of our colonial masters pretending to be fighting corruption in third world countries and displaying cowardice when super powers are involved!!! Justice must not be seen to be manifested but must be equitably given.

It is regrettable to note that in paragraph 113 of the UK-SFO document, the names of the Directors in the purported corrupt transactions were withheld and instead described as “Director A; Director B; Director C; Director D; and Director E”. What could possibly be the rationale for hiding the identity of their own corrupt officials and publishing the names of the Ghanaian officials? It is surprising how they could correctly spell the Kwame's, Peprah's, Yankey's, Kamara's, etc. and find it difficult it publish the names of their own. This chronic hypocrisy of our colonial masters is unbecoming and must be condemned.

To further perpetuate their vicious attack, they described Baba Kamara (in paragraph 113) as “ the NDC treasurer , and 'political overseer' for the Ministry for Roads and Highways”. How could they assume that there could possibly be a 'POLITICAL OVERSEER' at the ministry to be paid at the expense of the taxpayer? It is also on record that the said Baba Kamara was rather a Deputy Treasurer of the NDC and not the Treasurer as they had put it in their official document.

In addition to that, the document also said that, “Baba Kamara is a member of the all Powerful NDC Finance Committee which includes Kwame Peprah, Obed Asamoah, Mrs. Rawlings amongst others…” In the first place, isn't it strange that the UK-SFO would describe the NDC Finance Committee as being 'all powerful' without any basis? Has such a description got any relevance to the substantive matter as laid before the court?

Out of sheer mischief, they blatantly captured an 'untruth' in their prosecution statement when they said the Former First Lady, Nana Konadu Rawlings was a member of the so-called Finance Committee of the NDC. In a desperate attempt to reinforce their factual inaccuracy, they said Mr. Kwame Peprah was the Chairman of the said committee. These and many other falsehoods were captured in the prosecution statement and consequently used as the basis of judgement. How can there be justice when the premise for judgement is flawed on grounds that the actors and their affiliations have not been accurately captured. Doesn't to the extent of such inaccuracy, give us a prima facie grounds to wholly doubt the content of the prosecution statement?

It must also be stressed that the impropriety, arbitrariness, and the blatant disregard for the Principle of Natural Justice of the Southwark Crown Court in the matter relating to the M&J bribery scandal negates against the principle of an equitable and a fair judicial system. Under the principle of natural Justice (namely, the “audi alterem partem”), in the determination of a matter laid before a court of competent jurisdiction, all parties involved or implicated in a matter brought before it must be given a fair hearing (opportunity to be represented directly or indirectly through a counsel). Moreover, no one can be judge in his own court ('nemo judex causa sua'). This universal principle if not applied, nullifies any legal consequence of a matter brought before the court.

What on earth prevented the Southwark Crown Court from inviting our purported corrupt Government officials to act as witnesses or defendants? As it is now, it is the word of M&J and the UK-SFO against our officials. Should this therefore be the basis of us (Ghanaians) to use these flawed legal procedures and practices to call for the resignation of our officials. He who seeks equity must come with clean hands and may we not be bamboozled into the callous scheme of our colonial masters who have from time immemorial shown disrespect to our political leaders. If they were not up to mischief, why then did they hide the identity of their own and publicly crucified our leaders? Perhaps 'Director A; Director B; Director C; Director D; and Director E' are minors and that is why their identity had been concealed.

The call for the mentioned public individuals to resign is wicked and must never be entertained. If they are compelled to resign based on this 'chronic colonial scheme', we would be setting a very bad precedence where anyone can sit in his country, and allege that he bribed our political leaders, hence the need for them to resign. Does that mean that if this fate had befallen his Excellency, the President of the Republic of Ghana-Prof. J.E.A Mills, then he would have been obliged to resign as the President? Have we been able to quantify the cost of a by-election? Let us not be tricked into disposing of our industrious and talented leaders. A resignation is an implicit admission of guilt must not be entertained.

It is pitiful and surprising that people are desperately trying to politicize the issue and make NDC a corrupt party. Isn't it strange that Alhaji Abubakar Saddiq who at a point in time was almost appointed as Nana Akuffo Addo's running mate in the 2008 General elections when the NPP Flagbearer was battling credibility crisis and they needed someone with an unblemished character to neutralize the effect of Nana's questionable character? If as at 2008, he (Alhaji Abubakar Saddiq) was perceived to be the most credible person in the NPP, and today his name has been associated with this scandal, then this should be a source of worry to all 'kukrudites'. Perhaps that is the reason why the NPP appointed Alhaji Bawumia (who was not a member of the NPP) to partner Nana as his running mate since they possibly couldn't find any “uncorrupt” person.

Assuming the assertion by M&J that Alhaji Abubakar Saddiq collected bribe (even in opposition) is true, then one can imagine what he did as an MP for Salaga and the Minister for Works and Housing. Hmmmm………………! Surprisingly, Alhaji Abubakar Saddiq and his beloved son are both purported to have benefited from the M&J bribe. The Honourable P.C. Appiah Ofori and Mr. Haruna Esseku (former National NPP Chairman) might be right after all!!! This is a classical case of those in glass house throwing stones at their opponents! Hahaaaaahaa!

The President has acted swiftly in instructing the A-G to investigate the matter but I hope this is not a political gimmick. When you spare the rod, you spoil the child. Please Mr. President, don't throw dust in our eyes because our eyes are wide open as events unfold. He who seeks equity must come with clean hands and if you want to fight corruption, you must without any hesitation crack the whip within your government. This is test case for the Government and you have no reason to disappoint us. If the NDC is truly born out of the PNDC revolution, then the principle of probity and accountability must strongly be upheld.

Thank you!

By Kojo Frimpong
[email protected]

Development / Ghana / Africa / Modernghana.com