Berko Case: Donkor Denies $1m Bribe Claim

Lawyer Oliver Barker-Vormawor has disclosed that former Power Minister Dr Kwabena Donkor has categorically denied receiving any money from Asante Kwaku Berko or having any dealings with him, following Berko’s conviction in the United States over a bribery scheme linked to a power plant project in Ghana. In a notice issued on Facebook on Monday, August 10, Mr Barker-Vormawor said Dr Donkor personally contacted him on Sunday to discuss the conviction and the growing media interest in the case. According to him, the two held a “long and frank chat” during which the former minister rejected any suggestion that he had taken money from Berko.

Dr Donkor, Mr Barker-Vormawor said, also maintained that he had never interacted with Berko and insisted that his commitment to the ideals of the revolution would not allow him to betray the country in such a manner. “as a cadre committed to the ideals of the revolution, he did not and would not betray his country in that manner”. The notice read. The former minister reportedly welcomed the prospect of an investigation into the Ghanaian side of the matter, expressing confidence that such an inquiry would establish the facts and clear his name. Mr Barker-Vormawor said Dr Donkor explained that his lawyers had advised him against commenting publicly on the allegations at this stage, but indicated that they would soon issue a statement addressing the matter.

The lawyer said he was candid with the former minister about his own initial reaction to Berko’s conviction, admitting that when he first heard the news, Dr Donkor was the first person who came to mind because his name had become closely associated with the Ministry of Power. He said he also expressed personal disappointment because he had regarded Dr Donkor as an example of ethical leadership, particularly recalling the former minister’s decision to resign after failing to resolve a power crisis. However, Mr Barker-Vormawor said he did not want to draw conclusions before the promised investigation establishes what actually happens

A key issue raised by Mr Barker-Vormawor concerns the wording of the US authorities’ public statement following Berko’s conviction. He pointed specifically to the allegation that Berko and his alleged co-conspirators discussed paying $1 million to the Minister of Power who was responsible for securing key approvals necessary for the power project to advance. Mr Barker-Vormawor stressed that the statement, as publicly released, did not say that the $1 million was actually paid to the minister.

He contrasted that wording with the US authorities’ description of payments allegedly made to other Ghanaian officials during an all-expenses-paid trip to Turkey to inspect equipment for the power plant. In that instance, the statement said bribes were paid to five Ghanaian officials, with each allegedly receiving $5,000. Mr Barker-Vormawor, however, cautioned that the wording of a public statement should not be treated as a substitute for the evidence presented during the US proceedings. He said the important question now was what evidence exists concerning the Ghanaian side of the alleged scheme and whether any money was actually transferred to the former minister.

The lawyer also drew attention to the cooperation between US and Ghanaian authorities during the prosecution. According to the US statement, the Federal Bureau of Investigation worked with the International Cooperation Unit of Ghana’s Office of the Attorney-General and the Office of the Special Prosecutor, which provided “significant assistance” to the prosecution. The development has heightened expectations for investigations in Ghana, particularly after the Attorney-General announced that Ghana would work with its US counterparts to investigate persons implicated in the bribery scheme.

The Office of the Special Prosecutor has also acknowledged providing significant assistance to the FBI in the US prosecution. Mr Barker-Vormawor questioned why the matter had not previously resulted in a corresponding investigation on the Ghanaian side, given the cooperation between the agencies and the seriousness of the allegations.

He nevertheless said the matter could no longer simply fade away without a proper investigation. The former minister’s denial places renewed emphasis on the distinction between an allegation contained in a US prosecution and an established finding that a particular Ghanaian official received a bribe. For Dr Donkor, the impending Ghanaian investigation is expected to provide an opportunity to test the allegations, trace any alleged payments and establish whether the $1 million discussed by Berko and his alleged co-conspirators was ever paid, to whom and for what purpose. Mr Barker-Vormawor said he expected further developments from the Ghanaian authorities.

He ended his statement by reaffirming his support for “ORAL” — Operation Recover All Loot, signalling his expectation that the Ghanaian investigation should pursue the matter fully and establish the truth. The Berko conviction therefore closes one chapter in the United States, but the unanswered questions surrounding the alleged Ghanaian beneficiaries of the scheme could now become the focus of investigations at home.

By: Joyce Owusu