Deputy Attorney General Dr. Justice Srem-Sai has issued a stark warning regarding the potential for the immediate cancellation of the AKSA power deal following the conviction of a former Goldman Sachs banker in the United States for bribery, signaling a significant escalation in legal scrutiny of the agreement. Speaking exclusively to JoyNews’ Evans Mensah, Dr. Srem-Sai cautioned against impulsive action, asserting that a termination without establishing a firm legal basis could trigger a judgment debt – a substantial financial liability – for the government. The situation stems from the conviction, which occurred several months prior, of Mr. David Miller, a former Goldman Sachs banker, in connection with alleged bribery and fraudulent activities within the AKSA power deal.
Dr. Srem-Sai explained that the government’s approach would involve a comprehensive review of the contract’s terms and conditions, meticulously examining whether the bribery conviction provides grounds for invalidating the agreement. ‘The law doesn’t work that way,’ he stated, emphasizing the need for a thorough legal assessment. He stressed that the government would undertake a detailed review, exploring the extent to which the circumstances surrounding the bribery conviction could be vitiated by the contract. Specifically, he indicated that the government’s objective is to determine whether the contract was procured through fraud, which could render it invalid.
He cautioned against treating bribery and fraud as interchangeable legal concepts, clarifying that bribery is not, in law, inherently fraud. ‘Bribery is not actually fraud,’ he asserted. ‘You know that at least from the eyes of the law there is a different meaning when you say bribery and there’s fraud — these are two different legal concepts,’ he explained. According to Dr. Srem-Sai, if investigations uncover evidence establishing that the contract was procured through fraud, that could provide a legally compelling basis for the agreement’s invalidation. However, he emphasized that this conclusion must be based on evidence gathered through proper and impartial investigations – a point he stressed is crucial. The government will initially assess the legal consequences of the conviction before any decision is made on the future of the AKSA agreement, stating that due diligence will be required before any action is taken.
The comments follow a growing chorus of civil society groups demanding the government’s intervention to cancel the AKSA deal, citing concerns over potential financial repercussions for the government. Some groups argue that termination of the agreement should be a natural consequence of the bribery case, while Dr. Srem-Sai contends that the government must first establish the legal ramifications of the conviction for the contract’s validity before initiating any action. The Economic and Organised Crime Office (EOCO) is leading Ghana’s local investigations into the matter, with the Attorney General’s Office coordinating aspects of Ghana’s engagement with US authorities. The situation underscores the heightened sensitivity surrounding the AKSA power deal, given the significant legal and financial implications of potential invalidation.”
Further investigation into the AKSA agreement’s legal standing is currently underway, with the EOCO leading the local inquiries and the Attorney General’s Office coordinating with US authorities. The government’s decision-making process will involve a meticulous review of the contract’s terms and the potential legal ramifications of the conviction, with the intent of ensuring compliance with all applicable laws and regulations. The government will be advised after the investigations are concluded and the facts are thoroughly established, with a stated timeline of advising the government following the conclusion of the investigations.
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Source: MyJoyOnline
