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10.10.2009 Commentary

Mabey and Johnson Bribery Scandal - An Eyewitness account - Part I

By Lawyer Georgette Dede Djaba, LL.M London
Jeremiah John RawlingsJeremiah John Rawlings
10.10.2009 LISTEN

I was one of the many British citizens who attended the sentencing at Southwark Crown Court in London on Friday 25th September 2009 with some friends in the case of Mabey and Johnson.

I have been extremely surprised by the information coming from some of the Ghanaian multi-media houses in London, Ghana and USA, especially some from the Ghana Government spokespersons, officials and by the lackadaisical, uninformed and unprofessional attitude of some members of the National Democratic Congress (NDC) - denying accepting bribes after the hearing. Some have requested the supporting documentation accompanying the judgement. I was surprised that they did not hire advocates to make representation or a statement in court when this matter had been ongoing for over a year. After all, they did have representatives from the Ghana High Commission in London in the court room. The courtroom was packed on both occasions with seasoned journalists, lawyers, observers, interested parties, anti-corruption crusaders, representatives of Charities and members of the public who came from various parts of the UK and from Ghana.

The Prosecutor, Mr John Hardy QC presented the prosecution opening case succinctly and without any malice. He stated that the company, Mabey and Johnson had pleaded guilty to bribery and corruption in Ghana, Jamaica and breaching UN Sanctions in Iraq. That was clear. The solicitors for Mabey and Johnson, Herbert Smith (a reputable firm in the UK) were in court. They admitted that the company had made some changes. 5 out of 8 of their directors had resigned since the corruption was discovered and when some of them were taken to court. Under the Whistle Blowing Act, one of the directors admitted bribery and corruption and was counter-suing Mabey & Johnson.

The current directors of Mabey & Johnson decided to take the path of voluntary disclosure, self-report and plea bargain, rather than wait for the Serious Fraud Office to discover their discrepancies as the penalties would have been harsher.

Having pleaded guilty, there was no trial in the sense that no witnesses were called to give evidence, or believe me, we would have insisted that the Ghanaian individuals named come to court and try and deny the paper trail, their bank accounts that were in their own names and the material evidence clearly indicating the kickbacks that they gleefully took. The Prosecution stated that a summary of some of the fantastic kickbacks paid to the Ghanaians were as follows:


1. Dr. Ato Quarshie (former Roads Minister) - £55,000 fifty-five thousand pounds (U.S. $ 87,420.69 - eighty-seven thousand, four hundred and twenty dollars and sixty-nine cents) He proceeded to cash the money straight away and arrangements were made for him to cash it at the bank.

2. Saddique Boniface (then a student at Exeter University in UK received £500 as his educational expenses) - plus £25,500 (twenty-six thousand five hundred pounds sterling) (Equivalent to U.S $ 42,120.52 - forty-two thousand, one hundred and twenty dollars and fifty-two cents)

3. Amadu Seidu (former Deputy Roads Minister) - £10,000 (ten thousand pounds sterling) (U.S. $15,894.53 - fifteen thousand eight hundred and ninety four dollars and fifty-three pence)

4. Edward Lord-Attivor (Chairman Inter-City Transport Corporation) - £10,000 (ten thousand pounds sterling) (U.S. $ 15,894.53 - fifteen thousand, eight hundred and ninety four dollars and fifty-three cents)

5. Dr George Sipah-Yankey (current Health Minister) - £15,000 (fifteen thousand pounds sterling) ( U.S. $ 23,831.56 - twenty three thousand, eight hundred and thirty-one U.S. dollars and fifty-six cents) – Dr. Sipa Yankey is the current Minister of health in the President Mills regime.

We do not know what actually happened to the rest of the approximately half a million pounds sterling that the Ghanaian Government officials of the then NDC Regime took.

Immediately, I strongly felt that the song by Sidney should be played in all the bars, night clubs and radio stations in Ghana "Africa Money, Oga dey chop am Nyafu Nyafu, Oga dey chop am fuga fuga, waa waa, Money dey work, baboon dey chop." and rightfully so. The You-Tube link to Africa Money is:

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We heard in court that the President at the time (and the buck stops with him) was Jeremiah John Rawlings who came into power by way of a military coup d'état in 1981. That was included in the official court record. Rawlings is of Scottish/Togolese origin. We should also be reminded that the Vice President at the time of the Bribery and Corruption scandal was the current President John Evans Atta Mills. The total sum of kickbacks that the Ghanaians took was a colossal sum of £470,792.62. (Approximately one million U.S. dollars.) It beggars belief that this same gentleman had executed several Ghanaians for alleged corruption including the late General Akwasi Amankwah Afrifa of blessed memory. He had also confiscated the assets of other hardworking Ghanaians and shared the booty amongst his closest friends. Some he allocated to himself, such as luxury cars. What an irony!!

These corrupt NDC officials opened accounts to facilitate the bribes in Barclays Bank, Watford, Barclays Bank Rickmansworth, Clydesdale Bank, offshore accounts in Guernsey, Channel Islands, etc. The court stressed that they were not “commissions”, they were actual bribes. The Company admitted they were bribes. The officials demanded and accepted between 10% and 15% of the contract value. Mabey and Johnson did not lose any profit; they merely bumped up the contract price to absorb the bribes.

Jeremiah John Rawlings, the godfather of all corruption and his cronies have been exposed and believe me it is crystal clear.

It is the opinion of the community here in the UK and other parts of the world that the NDC that has taken the people of Ghana for a ride, preaching a holier than thou anti-corruption message, knowing very well that this case was in the pipe-line during the last general election in 2008. There are other cases pending. One of the journalists posed the question: Why did Biwater pay for the private school fees at Millfield, Somerset for the children of Jeremiah John Rawlings? The people of Ghana demand answers now. Mabey and Johnson set up a 'development fund' of £750,000 for Ghana. Nana Konadu Agyeman-Rawlings, Kwame Peprah and Baba Kamara (Ghana's recently appointed High Commissioner to Nigeria) managed that fund. Dr. Obed Asamoah's name was mentioned in court. The people of Ghana must know that these are criminal offences that are not subject to the statute of limitations. How did Mabey & Johnson come up with these names? Did they pluck them out of thin air? We ask them to provide the bank statements for the said period or urge the criminal investigation team to show us the bank statements as evidence.

An agreement had been reached by the parties in the case and Mabey & Johnson agreed to pay fines, reparation and court costs of £350,000. Total of the financial penalties against Mabey and Johnson was £6.6 million.

His Honour Judge Rivlin reiterated that if the Ghana Government was not prepared or did not want to receive the reparation money, then it should be given to the Serious Fraud Office UK and perhaps be designated for Overseas Aid. The Jamaican officials involved have resigned.

We were informed that the Serious Fraud Office UK was dealing with President Atta Mills' appointed representative, a Dr. Dodoo.

Reparation
It is now up to all Ghanaians in the UK, Ghana and across the Diaspora to decide what happens to the reparation money. The people who misappropriated funds should not be beneficiaries of the reparation. The Ghanaian community will be lodging a formal complaint against these individuals who should be apprehended and made to answer questions whenever they come to the UK. The Ghanaian tax payers contributed towards those funds. Should it go to a designated charity and be monitored? Or should it go towards, e.g. a health, say a medical centre in the UK for Ghanaians. Why do I suggest this? At the time of going to the press, there were at least 20 deceased Ghanaians in mortuaries in the UK. Ghanaians living abroad and dual citizens are working so hard and often in multiple jobs, some manual jobs in order to send money home. Some are neglecting their health and some are unable to articulate their health concerns in a coherent language to the medics. Others just do not have access to an NHS Doctor. It is essential that these issues are addressed. The Ghana High Commission in the UK often complains that it does not have any money to solve the multiple problems that its nationals face in the UK. Knife crime and Ghanaian on Ghanaian murders are on the increase.

Conclusion
It is clear by the company, Mabey and Johnson admitting the serious offences of bribery and corruption overseas, based on incriminating evidence that this is not a matter to be taken lightly or swept under the carpet. We call for an Independent Special Prosecutor in Ghana to begin the investigation of the corrupt Ghanaians named in the judgement.

Please let us have a town meeting to discuss what happens to this money. Alternatively, it could be sent to Ghana and used towards scholarships or a worthwhile education, health or anti-corruption crusade. The individuals named should resign now or be sacked immediately. We say, “Zero tolerance to corruption.”

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For further information please log onto http://www.sfo.gov.uk/bribery--corruption/what-is-corruption.aspx. For Press Interviews, Kindly ask for the Press Office of the SFO. Tel: 0207 239 7000. Director: Richard Alderman

Email: [email protected]
http://www.mabey.co.uk/english/docs/press%20release%20issued%20Friday%2010%20July%202009.pdf. See Press release issued by the Mabey and Johnson on 10.07.2009 (above)

• Website of Mabey and Johnson: www.mabey.co.uk

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