Amidu challenges government to publish documents showing his role in non-operationalisation of OSP

The former Special Prosecutor, Martin Alamisi Amidu has challenged the Akufo-Addo government to publish all the relevant documents on the controversial Agyapa deal.

In a press statement Tuesday, he said the 1992 Constitution prohibits half-truths on the Agyapa Corruption Risk Assessment he carried out as well as his resignation from the anti-corruption office. 

To lay matter bare for members of the public to make their judgement, the former Attorney-General aka Citizen Vigilante demands that government publishes all the relevant outlining his culpability for the non-operationalisation of the Office of the Special Prosecutor. 

Below is the full text of his statement

THE 1992 CONSTITUTION PROHIBITS HALF TRUTHS ON AGYAPA ASSESSMENT & AMIDU’S RESIGNATION – PUBLISH ALL RELEVANT DOCUMENTS SHOWING AMIDU’S RESPONSIBILITY FOR THE NON-OPERATIONALIZATION OF THE OSP TO ENABLE THE PUBLIC MAKE AN INFORMED OPINION IN DEFENCE OF THE 1992 CONSTITUTION: BY MARTIN A. B. K. AMIDU  

The orchestrated and well-planned manifestation of political retribution against me for professionally conducting and reporting on the Agyapa Royalties Limited Transactions and my subsequent resignation from my position as the Special Prosecutor became clear when on 18th November 2020. I received a WhatsApp of the Office of the Special Prosecutor Budget Performance Report (2018-2020) which had been widely distributed to the media intended to demonstrate that the OSP had been adequately funded and its lack of operationalization was entirely my fault as the then Special Prosecutor. 

On the same day, I again received from some members of the media through WhatsApp a trove of documents constituting correspondence between the Office of the President and the OSP also intended to demonstrate that the Presidency had done everything to provide the OSP with suitable accommodation which I rejected. The documents were also intended to demonstrate that even when the keys to the ten (10) storey GETFund building (albeit empty and unfurnished) were to be handed over to me I rejected them without any just cause. I resigned on grounds of the reactions by the President to the Agyapa Royalties Transactions Report, but public attention was being diverted through spinning and propaganda to peripheral issues of Office accommodation.   

As a result of my report on the Agyapa Royalties Limited Transactions and resignation the Presidency decidedly leaked the following letters with reference numbers SCR/DA 96/135/01/A dated 18th September 2020 to me as the then Special Prosecutor and signed by the Hon. Aksosua Frema Osei-Opare, the Chief of Staff; SCR/DA 96/135/01/A dated 11thSeptember 2020 addressed to the Special Prosecutor, also signed by the Chief of Staff and copied to the Hon. Minister of Finance; a Memo to the Chief of Staff from the Ag. Chief Director in the Presidency dated 15th September 2020 under the signature of Mr. H.M. Wood; OSP/SCR/20/11/20 dated 14th September 2020 under my signature and addressed to the Chief Director, Office of the President; and a six (6) page Memo to the Chief of Staff from the Ag. Chief Director dated 18th August, 2020 all intended to falsely and maliciously assassinate my character and integrity. This was knowingly done in false and indecent support of the President’s official letter responding to me personally after he had accepted my resignation letter dated 16th November 2020 based principally on his reaction to the professionally conducted Agyapa Royalties Limited Transactions Report.

The 1992 Constitution enjoins the President and the Government of Ghana to practice good governance based on “Freedom, Justice, Probity and Accountability” and to avoid infringing on the rights and freedoms guaranteed the individual citizen under the Constitution. The disclosure of half-truths by the President to do wrong to any citizen or person living under the protection of the 1992 Constitution of Ghana for performing his  professional duty in reporting on a statutory matter such as the Agyapa Royalties Transactions is inconsistent with and contravenes the Presidential Oath of office contained in the Second Schedule of the Constitution. My letter dated 3rd August 2020 to the Hon. Chief of Staff assigning responsibility for the inability of the Office to operationalize was deliberately suppressed from the trove of half-truth correspondence and memos circulated by the Presidency on the night of 17th November 2020 to the media which the media forwarded to me. The media itself published my letter of 3rd August 2020 to show that the President had suppressed it and to let the public know as a matter of their constitutional right some of the half-truths deliberately published about me by the President of Ghana in flagrant breach of his Presidential Oath of office. 

The sovereign public is entitled as a matter of their Constitutional right to know everything about the subject matter the Government chose to put into the public domain through the media to assassinate the character and integrity of a fellow citizen under the Constitution just for performing a statutory professional duty in conducting an anti-corruption assessment, such as the Agyapa Transactions. This is the only way the 1992 Constitution enjoins that it be defended under a Government of the rule of law, democracy, and constitutionalism.

It is in exercise of my constitutional right to defend the Constitution that I am demanding that the President does the right thing to my person under the presidential oath by having the following letter also published to the media to enable the sovereign people who constitute the public to make an informed decision as to any wrong doing I might have committed leading to the non-operationalization of the OSP during my tenure of office as the Special Prosecutor before my resignation on account of the President’s reaction to the Agyapa Royalties Transactions Report:

  • My letter with reference number OSP/SCR/8A/14/18 dated 10th September 2018 addressed to the Hon. Chief of Staff and copied to (i) the Hon. Attorney-General, (ii) the Hon. Minister of Finance, and (iii) the Chairperson, Governing Board – OSP on the subject matter: Provision of Transitional Capital assets for the Operationalization of the OSP by the Government; 
  • Letter with reference number JQ.1/13/02‘A’ dated 29th November 2018 from the Minister of Works and Housing addressed to the Special Prosecutor and copied to the Chief of Staff, the Secretary to the President, and the Deputy Minister(s) MWH, the Chief Director, MWH and the AG. D (Housing), MWH on the subject matter: Proposed Office Accommodation for the OSP;
  • My reply as the then Special Prosecutor to the Minister of Works and Housing with reference number OSP/SCR/24/4/18 dated 13th December 2018 and copied to the same persons referred to in (ii) above on the same subject matter;
  • My letter with reference number OSP/SCR/24/6/18 date 27th December, 2018 addressed to the Hon. Chief of Staff and copied to (i) the Secretary to the President, (ii) the Hon. Minister, MWH, (iii) the Managing Director, AESL, and (iv) the Auditor-General on the subject matter: Re: Proposed Office Accommodation for the OSP; 
  • My letter with reference number OSP/SCR/23/12/18 also dated 27th December 2018 addressed to the Hon. Chief of Staff and copied to (i) the Hon. Minister of Finance, (ii) the Auditor-General, and (iii) the Secretary -OSP on the subject matter: Re: Estimates for Vehicle and Office Equipment/Machinery for the OSP; 
  • Letter with reference number AF 22/196/02 dated 18th October 2018 from the Attorney-General and signed by the Chief Director and addressed to the Special Prosecutor and copied to the Attorney-General on the subject matter: Commencement Certificate to Procure Vehicles, Furniture and Office Equipment;
  • My reply with reference number OSP/SCR/23/7/18 dated 19th October 2018 addressed to the Hon. Attorney-General and copied to the Hon. Chief of Staff and the Chief Director of the Ministry of Justice on the same subject matter as in (vi) above; and 
  • My letter with reference number OSP/SCR/2B/22/19 dated 25th March 2019 addressed to H. E. Nana Addo Danquah Akufo-Addo, President of the Republic of Ghana on the subject matter: Obstruction, Interferences and Usurpation Of The Functions Of The OSP By Government Appointees Rendering At Naught Its Independence As An Anti-Corruption Agency. 

The citizens of Ghana and I are entitled to the publication of the foregoing letters and any other that will enable them to make an informed judgment as to the justification for the publication of the half-truths contained in the trove of documents released by the Presidency to the media on 17th November 2020 to coincide with the President’s official response to me personally after earlier accepting my resignation on account of his reaction to the professionally conducted Agyapa Royalties Transactions report. 

The President has a duty under the Constitution to uphold the integrity of the 1992 Constitution once he directed the publication of the trove of half-truth documents from his Office to divert attention from my resignation based on his reaction to the Agyapa Royalties Transactions report. The Constitution must be defended, come what may. Ghana First!

L. MARTIN A. B. K. AMID
(CITIZEN VIGILANTE)

One ‘Nana B’ is directing insults at me – Martin Amidu

Former Special Prosecutor, Martin Amidu has provided evidence of insults aimed at him following his resignation and the subsequent response from the Presidency.

Since his resignation, Mr Amidu says his life has been under threat and hinted that the president should be held accountable should anything happen to him. 

In a statement issued by Mr Amidu, a person he claims is known as ‘Nana B’ has directed ethnocentric comments and threats at him for his anti-corruption risk assessment of the Agyapa Royalties agreement. 

According to him, he received a phone call from ‘Nana B’ to which he did not respond to but was later heckled with insults by the caller via text messages. 

Mr Amidu claims the texter attacked his ethnicity and wondered why his ethnicity should be a matter of interest in the dispatch of his duties. 

His latest epistle comes right on the heels of a 27-page response which addressed certain issues raised in a letter accepting Mr Amidu’s resignation and some allegations he had raised as to why he resigned.null

In that 27 page response released on Friday, November 27, Mr Amidu accused the President of being a corruption kingpin.

See Martin Amidu’s latest statement below:



https://drive.google.com/file/d/1ssmYFXxabwaoLszTp4MZrFR13cNHIj-t/preview



Prior to his resignation, the former Special Prosecutor in a corruption risk assessment, concluded that there were breaches of the Public Procurement Act and the Public Financial Management Act with regards to how the advisors of the gold royalty fund, Agyapa Royalties agreement were procured.

Martin Amidu further disclosed that the process involving the transaction raised reasonable suspicion of bid-rigging and corruption.

Martin Amidu used only ¢129m out of the ¢322m budgetary allocation made to his office – Finance Ministry

Source: Felicia Osei

The Ministry of Finance has backed claims by the government that the Office of the Special Prosecutor was fully equipped to carry out its anti-corruption fight.

In a letter signed by Secretary to the President, Nana Bediatuo Asante and addressed to former Special Prosecutor, Martin Amidu, the Presidency had stated that contrary to allegations made that the office was not supported, there is evidence to show that Martin Amidu was provided with the necessary financial and administrative support to carry out his work.

Find the full response from the Presidency below:

https://drive.google.com/file/d/1JXf7DQEbQ5M41parBCXcMps_vifmVO7M/preview

Backing these claims in a report released by the Finance Ministry and sighted by JoyNews, the Ministry said although resources were made available to the office, they were not used.

According to the report, Mr. Amidu only utilized GH¢129,016,189.52 out of the GH¢322,097,921.40 budgetary allocations made to his office from 2018 to 2020.

“The Office of the Special Prosecutor’s approved ceiling of GH¢180.16m for the year 2019 increased significantly as compared to the revised allocation of GH¢138.14m given for year 2020.

“The year 2018 recorded the lowest allocation of GH¢3.79m and this could be attributed to the fact that the Office had now been established and their allocation formed part of the 2018 budget of the Ministry of Justice and Attorney-General’s Office.

“With regards to releases made to the Office under the various economic classifications, amounts of GH¢154,261.84 and GH¢65,690,067.55 were released as at the end of the 2018 and 2019 fiscal years. Also, an amount of GH¢63,171,860.13 has been released as of 16th November 2020,” part of the Finance Ministry’s report read.

The release of the report follows various allegations by Martin Amidu including a revelation that he and his deputy have not been paid their emoluments since they were appointed.

Mr. Amidu also stated that although he was appointed in 2018, he received his appointment letter in February 2020.

“It is essential for me to state for the purpose of the records, and contrary to public perceptions, that my appointment letter was received on 5th February 2020 (almost two (2)-years after my appointment). The copy addresses made no efforts to honour any of the conditions of appointment in terms of emoluments and benefits of the appointment ever since my warrant of appointment was issued on 23rd February 2018 to the date of my letter of resignation.

“I accepted the offer on 10th January 2018 to be nominated to be Special Prosecutor because Mr. President and Ghanaians knew I have been an anti-corruption crusader all my life and not an anti-corruption entrepreneur. This explains why I have never put the emoluments and benefits of the Office as central to my commitment and my passion for the establishment of an independent, effective, efficient and impartial anti-corruption Office of the Special Prosecutor before the end of the first term of Mr. President. This has not been possible for several reasons.

“The Deputy Special Prosecutor has also not been paid any emoluments since her appointment, and there is the need to redress that situation for her now that I am out of the way,” he said.

Akufo-Addo replies Martin Amidu: Nobody interfered with your work

President Akufo-Addo has refuted claims by former Special Prosecutor, Martin Amidu, that his decision to resign was as a result of government’s interference with his work.

According to the Presidency, the allegations by Mr. Amidu that there was “interference” following his submission of the Agyapa Royalties report to the President, are surprising since the former had stated in an earlier letter that he had remained in office due to the President’s shared commitment to the fight against corruption.

In a 9 paged letter addressed to Mr. Martin Amidu and sighted by JoyNews, Secretary to the President, Nana Bediatuo Asante explained that the interest expressed by the President after the release of the Agyapa Royalties report was only an attempt to apply the principles of natural justice by allowing the Finance Minister to have a say.

“In accordance with the constitutional standard of fairness, reasonableness, and candour, the president requested you to give the public officials in question an opportunity to comment on your findings and conclusions.

“Fidelity to the principles of fairness is a basic tenet of administrative justice. A request to comply with the rules of natural justice and fair hearing surely cannot be cited as the basis for alleging interference consequent upon which you would resign,” part of the statement read.

The statement further argued that since all letters and reports issued by the then Special Prosecutor was in the public domain and received no objection or complaint from the Presidency, it is “difficult to see in what way and in what context the President could seek to handle the matter” privately.

Find the full response from the Presidency below:

https://drive.google.com/file/d/1WpW4LME3XO7SQUCE-WKGNXPesFBbX-_l/view?usp=drivesdk

Resignation Of Special Prosecutor Confirms Akufo-Addo Is Corrupt – Dr. Apaak

The Member of Parliament for Builsa South Dr. Clement Apaak says he feels vindicated in stating that President Akufo-Addo is the most corrupt in Ghana’s history.

Dr. Apaak in January 2020 opined that corruption was fighting Ghana under the current president who he calls NADAA. 

He said corruption was fighting Ghana because the Akufo-Addo government lacked the credibility and commitment to deal with the canker.

The MP had based his argument on the highlights by the Corruption Perception Index (CPI). 

Ghana scored 41 out of 100 and ranked 80th country on the list out of the 180 countries/territories assessed.

The MP in his opinion in January indicated that former President Mahama’s worst perforce was far better than that of the NPP.

He said at the time that: “Ghana’s worst score under the John Mahama administration was 43, see table below, while the best score in the three years of the Akufo-Addo’s presidency is 41. John Mahama’s best score was 48, recorded in 2014.

Dr. Apaak maintained that Nana Addo Dankwa Akufo-Addo rode on the deceitful mantra of incorruptibility to the presidency. 

He promised to fight corruption and to restore integrity in the public sector if voted into office.

But he has failed woefully in the fight against corruption. 

“The case today is that corruption is thriving with impunity. After winning the election, he has become a Clearing Agent, clearing his appointees alleged to have engaged in acts of corruption: Australia Visa, Cash for Seat, BOST, Ghana Cylinder Manufacturing Company, Oslo Chancery, KelniGVG, Galamsay, MetroMass, among many others. Of course, when a government is populated by familiar relations, what else could one expect? How can the president look in the faces of his friends and family members in his government and be bold to prosecute them over corrupt conducts?

Under President Akufo-Addo’s watch, journalists who have investigated and reported alleged acts of corruption by government appointees and party appendages have been victims of various attacks and smear campaigns by his party members, MPs and appointees.

Even heads of state institutions charged with the responsibility to protect the public purse, such as the Auditor-General and the Special Prosecutor have not been spared the attacks. The Auditor-General, in particular, has been the subject of all kinds of schemes and plots. What are his crimes? Doing his work diligently, boldly auditing and making public his findings.

So far neither he nor his party has called the attackers of the Anti-corruption crusaders to order. Implicitly, by his silence, he condones their actions.

The examples of the late Ahmed Hussein Suale of Tiger Eye PI, who lost his life after the showing of the damning #12, in which the President, his vice and other senior appointees were mentioned as potential beneficiaries of a deal; the going into hiding by Manasseh Azuri after his ‘Militia in the heart of the city’ documentary and later Edward Adeti, who exposed a plot to influence a court case by a Minister at the Presidency; the plots and schemes targeted at Domelevo the Auditor General, and the refusal of government appointees to assist the Special Prosecutor with the information he has requested for, all underscore the reality. Under President Akufo-Addo CORRUPTION is fighting Ghana, Ghana is NOT fighting corruption,” his opinion piece released in January, read.

Reacting to the designation of Martin Amidu, the MP said he feels vindicated for describing the president as a failure.

He said the NPP has lost credibility and the president has been indicted by the former SP

He asked Ghanaians to show the NPP the red card for messing up and failing the corruption test.

“The president who was described as incorruptible has been exposed as a corrupt leader who has failed to see his appointees punished for wrongdoing.”

He stressed the resignation of SP and the factors he adduced as causing him to resign affirm my long-standing argument that NADAA’S government is the most corrupt in the history of our nation!”

By: Rainbowradioonline.com

Akufo-Addo accepts Martin Amidu’s resignation

President Akufo-Addo has accepted the resignation of Martin Amidu as Special Prosecutor.

In a letter Tuesday, the Chief of Staff, Akosua Frema Osei-Opare, stated that the President “has taken due note of the other matters raised in your letter, and government will issue a statement responding to them in due course”.

Three years after his appointment, Mr Amidu wrote to the President on Monday explaining his decision to resign from office to enable his appointing authority “to take steps to appoint a replacement to that position as required by law.”

In his resignation letter, the former Attorney General also revealed that his appointment authority made no effort to ensure that he was paid for his work since the state engaged his services in 2018.

Accordingly, the President has directed Mr Amidu is remunerated for his services to the State.

“The President has directed me to ensure that all emoluments benefits due you under law are paid to you accordingly,” the Chief of Staff said.,

Martin Amidu resigned because Rawlings died – Ndebugri

Former MP for Zebilla Constituency, John Akparibo Ndebugri has described the resignation of the Special Prosecutor, Martin Amidu as a call for help.

According to him, the late Jerry John Rawlings was a conduit between President Akufo-Addo and Martin Amidu, hence the decision by the latter to resign from post following the death of the former head of state.

“The sad incident removed the only protection he had and therefore he had no choice but to resign immediately. It only means that it was John Rawlings protecting him in the performance of his duty,” he said.

The former legislator who is also a lawyer added that no matter how things played out in the execution of the Special Prosecutor’s duties, questions must be asked about why he resigned.

According to him, the resignation by Martin Amidu is an indictment on the office of the President and President Akufo-Addo.

“The President has called him trying to stop him. They used Martin Amidu as a cover-up for their deeds and I think we should be talking about that instead,” he said.

Martin Amidu wrote to President Nana Akufo-Addo, Monday stating his decision to resign from his position three years after he was appointed. 

This he said was to enable his appointing authority to take steps to appoint a replacement to that position as required by law since he felt he could no longer defend his office.

“This is to inform the public that I resigned from my position as the Special Prosecutor of the Office of the Special Prosecutor with immediate effect upon the submission of my letter of resignation with reference number OSP/2/AM/14 dated November 16, 2020, which was received at the Office of the President at 15:15 HRS this afternoon,” he said in his letter to the President.

Agyapa deal: Special Prosecutor, Martin Amidu completes Corruption Risk Assessment

Special Prosecutor Martin Amidu has completed the Corruption Risk Assessment conducted into government’s transaction with the Agyapa Minerals Royalties Limited.

According to his Office, the process was concluded as far back as October 15 and had forwarded findings of same to the Presidency and Finance Ministry on October 16.

In August this year, the OSP, as part of its mandate, requested from the Finance Ministry documents regarding the special purpose vehicle (SPV) which help the country secure about $1 billion to finance infrastructural projects.

This followed criticisms from Civil Society Organisations about red flags in the transaction.

The Minority in Parliament has described the deal as one shrouded in secrecy adding that its nature had the propensity to breed corruption, a position that government has vehemently rejected.

Dr Steve Manteaw, Chairman of the Civil Society Platform on Oil and Gas demanded that the Special Prosecutor looks into allegations of nepotism in investigations into the Agyapa Royalties deal.

His comment follows the Finance Ministry’s suspension of the planned launch of the Initial Public Offer (IPO) amid Martin Amidu’s ongoing corruption risk assessment of the transaction.

In a press release Monday, Martin Amidu said, “Two weeks is more than too long for this office to continue withholding the announcement of the completion of its 64-page report to the public.”

“It is important that this office has the freedom to discharge its anti-corruption mandate and keep and keep the public informed,” the statement signed by Mr Amidu read.

The agreement which is said to be in line with the Minerals Income Investment Fund (MIIF) Act, 2018 (Act 978), was passed without support from the Minority in Parliament.

Meanwhile, an Initial Public Offer (IPO) which was put on hold, remains suspended ahead of the disclosure of the findings of the OSP’s corruption risk analysis meant to identify potential weaknesses which may present opportunities for corruption to occur in the arrangement.