Former Power Minister Dr. Kwabena Donkor has flatly rejected bribery allegations in the Aksa deal. This follows the conviction of former Goldman Sachs investment banker and former Tema Oil Refinery (TOR) Managing Director, Kwaku Asante Berko by a federal jury in Brooklyn, New York, on charges of foreign bribery and money laundering involving some Ghanaian public officials between 2014-2017.
Berko, 52, a dual citizen of Ghana and the United States, was found guilty on all counts after a nine-day trial before U.S. District Judge Diane Gujarati.
The development has left many asking questions about what happens to the recipients of the alleged bribes with some pointing fingers at the former Power Minister Dr. Kwabena Donkor. However in a statement copied Accra New Online, the former Pru East lawmaker denied ever having dealings with the said Berko let alone take any bribe from him. According to him, the Aksa deal did not even require bidding for anybody to attempt to influence officials.
“To start with there was no bidding for any official or Minister to be bribed to win a bid. Secondly I never dealt with the said individual. He was not even the known Agent or Local Partner of the Aksa in Ghana.”
According to Dr. Donkor, he was not part of the team dispatched to Turkey for equipment inspection adding “sending an inspection team to go and inspect the equipment before shipping is routine in the industry.”
“I never went to Turkey for any negotiation. Their Representatives negotiated with the Government Negotiating Team at the time made up of Representatives of the Ministry of Power, ECG,PURC, AGs, GRIDCo among others.” He stated.
He further explained the Aksa deal was the best compared to other Emergency Power Plants as well as some existing thermal plants by way of tariff.
“The tariff they negotiated at the time was the cheapest of all the Emergency Power Plants and cheaper than some of the existing thermal plants and so I had no reason not to be satisfied with the work the negotiating team and my officials did.”
Dr. Donkor emphatically and categorically stated “No payment was made to me or received in my name”.
He questioned the appointment of Mr. Berko as TOR boss when the New Patriotic Party came to power in 2017.
“How did the said individual, suddenly after NDC lost power become the Managing Director of TOR?”
Dr. Donkor in his statement directed the public to carefully examine the judgment and take note of the following:
The $1m payment was allegedly made on September 8, 2016
The $1.5m payment was allegedly made on September 2016
The $500,000 payment was made on February 14, 2017
The gentleman resigned from his employment in December 2016 (NPP had won the 2016 election in December.
According to Dr. Donkor he had left office before all the above alleged payments were made.
“Most importantly, I resigned as Minister of Power in January 2016.” He concluded.
In a social media post, Deputy Attorney-General Dr. Justice Srem-Sai has revealed the “Honourable Attorney-General is working with his United States counterparts to bring to book persons who are implicated in the bribery scheme related to the 2014-2017 power plant development contract between a Turkish energy company and the Government.”
According to the US prosecutors Berko conspired to pay more than US$1 million in bribes to Ghanaian government officials to secure the development and financing of a power plant in Ghana for Turkish energy company Aksa Enerji Uretim A.S., a Goldman Sachs client.
The alleged scheme took place around 2014 and 2017, during Ghana’s energy crisis. Prosecutors said bribes were discussed for senior government officials and members of Parliament involved in approving the project.
Authorities also said Berko concealed the payments through shell companies, sham invoices, nominee accounts and cash withdrawals, while misleading Goldman Sachs’ compliance team about the deal.
Goldman Sachs eventually withdrew from the transaction over corruption concerns.
Berko faces up to 30 years in prison when sentenced and has been remanded in custody pending sentencing.
U.S. authorities said the conviction demonstrates their commitment to prosecuting individuals who use American financial institutions and businesses to facilitate corruption overseas.
Below is the full judment:
