Donkor's Legal Team in Dark Over OSP Contact Amid Berko Bribery Probe

Uncertainty surrounds whether Ghana's Office of the Special Prosecutor has made contact with former Power Minister Dr Kwabena Donkor as investigations intensify into the Tema Oil Refinery bribery scandal that saw US authorities convict ex-TOR Managing Director Asante Kwaku Berko.

During a recent interview with JoyNews, Dr Donkor's lawyer K.T. Hammond admitted he was unsure whether his client had been approached by the OSP or US investigators following Berko's conviction on bribery-related charges. The admission highlights the opacity surrounding the investigation's scope and which Ghanaian officials may face scrutiny.

Berko was convicted by a US federal jury in Brooklyn, New York, on charges linked to a scheme involving over US$1 million in bribes paid to Ghanaian officials connected to the development and financing of a power plant project involving Aksa Energy. The case has drawn significant attention in Ghana given its implications for high-ranking government officials.

Ghana's Role in the US Investigation

The OSP has confirmed it provided investigative and evidentiary support to the US Federal Bureau of Investigation through Ghana's mutual legal assistance framework. This cooperation suggests Ghanaian authorities have had access to evidence and witness testimony gathered during the US prosecution.

The Attorney-General has directed the Economic and Organised Crime Office to escalate its investigations as additional information and official records are obtained from US authorities. EOCO is reportedly conducting asset tracing and recovery operations as part of its domestic investigation into the Ghanaian dimension of the scheme.

Donkor's Defence and Denial

Dr Donkor, who served as Power Minister during the period when the disputed transactions occurred, has consistently denied involvement in the alleged bribery scheme. His legal team maintains several key points in his defence:

• Dr Donkor never met with Berko
• He never negotiated with the former TOR Managing Director
• He never demanded or received money from Berko in connection with the power plant deal

Hammond's insistence on these points suggests the defence is preparing for potential charges, though no formal accusations have been levelled against the former minister at this stage.

Why It Matters for Ghana

This case carries significant implications for Ghana's governance and international standing. First, it demonstrates how corruption in state-owned enterprises and public procurement can attract US federal attention and prosecution, potentially exposing Ghanaian officials to foreign legal action.

Second, the involvement of both the OSP and EOCO signals that Ghana's anti-corruption institutions are engaging with the US investigation, though the coordination and information-sharing between these agencies remains opaque to the public. This raises questions about transparency in how evidence gathered internationally is used domestically.

Third, the case highlights vulnerabilities in Ghana's energy sector procurement processes. The Aksa Energy power plant transaction involved significant sums and senior government officials, suggesting broader governance weaknesses that may extend beyond this single case.

Finally, the uncertainty surrounding contact between investigators and Dr Donkor—a former minister under the Akufo-Addo administration—underscores the need for clearer communication from authorities about the scope and progress of investigations into high-profile public officials. As EOCO intensifies its work with information from US authorities, Ghanaians deserve clarity on who is being investigated and on what grounds.