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Mabey and Johnson/NDC Bribery Scandal - An
Eyewitness account
By Lawyer Georgette Dede Djaba, LL.M London
October 6, 2009
I attended the hearing and sentencing at Southwark Crown Court
in London on Friday 7th August 2009 and Friday 25th September
2009 with some colleagues. The case had been referred from the
Westminster Magistrates Court on 10 July 2009. I had been
extremely astonished by the information coming from some of the
Ghanaian radio stations in London, Ghana and especially some
from officials, Government spokesmen and by the lackadaisical,
uninformed and unprofessional attitude of some members of the
NDC - denying taking bribes and requesting receipts for taking
bribes. I was surprised that they did not dare to show their
faces in court when this matter had been ongoing for over a
year. After all, they did have representatives from the Ghana
High Commission in the court room. The courtroom was packed on
both occasions with seasoned journalists, lawyers, observers,
interested parties, anti-corruption crusaders, representatives
of NGOs and members of the public who came from various parts of
the UK and from Ghana .
We heard the judgement. 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 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 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 those individuals named come to court and try
and deny the paperwork, their bank accounts that were in their
own name and the paper trail clearly indicating the kickbacks
that they gleefully took which for the benefit of those who were
not at court are as follows:
The Prosecution stated that a summary of some of the fantastic
kickbacks paid to the Ghanaians were:
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 were not told what actually happened to the rest of the
nearly half a million pounds sterling that the Ghanaian
Government officials of the then NDC Regime took. We were told
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). And by the way, we should also be reminded that the
Vice President at the time of the Bribery and Corruption scandal
was our very own current Asomdwehene President John Evans Atta
Mills. The total sum of kickbacks that the Ghanaians took was a
colossal sum of £470,792.62. These corrupt 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 valued. Mabey and Johnson
did not lose any profit, they merely bumped up the contract
price to absorb the bribes. That is clear!
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: http://www.youtube.com/watch?v=zqeC9jcg7NA.
The Father of all corruption and his cronies have been exposed
and believe me it is in black and white. Read all about it. I
believe they underestimated Ghanaians, partly because they
assume we do not read!!
It is 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. 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!
An agreement had been reached by the parties in the case and
Mabey and 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 ready to receive the reparation money, then
it should be given to the Serious Fraud Office UK and perhaps be
designated for Charity. Thinking quickly on my feet, I informed
Mr Martin Quansah, prior to the end of the hearing, that it
would be in his own interest to take instructions and inform the
judge and the Serious Fraud Office that he in the court room
(sitting quietly at the back), as a representative of the Ghana
High Commission (he described himself as the Acting High
Commissioner) and was ready, willing and able to accept the
funds on behalf of his Government. He made some phone calls, [I
am assuming to the President of Ghana] and came back and
confirmed during a meeting which I had initiated between the
Serious Fraud Office legal representatives, Herbert Smith,
Solicitors of Mabey and Johnson. They thanked me and I further
reiterated that the matter should be communicated to the judge
to ensure that he included it in his judgement.
We were informed that the Serious Fraud Office was dealing with
President Atta Mills' appointed representative, a Dr. Dodoo. So
that was a fait accompli. It was non-partisan and the advice was
free.
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 to begin the investigation of the corrupt
Ghanaians named in the judgement.
It is now up to all Ghanaians in Ghana and across the Diaspora
to decide what happens to the reparation money. 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.
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!!
I rest my case.
By Lawyer Georgette Dede Djaba, LL.M London
reporting from London, United Kingdom
6 October 2009, Email: g.djaba@ymail.com
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