Airbus SE

On 8 August 2024, the Office presented its findings regarding an investigation into alleged bribery involving high-ranking Ghanaian officials, notably former President John Dramani Mahama, and Airbus SE. The investigation initiated following a referral from the President of Ghana, Nana Addo Dankwa Akufo-Addo, examined the sale of military transport aircraft to Ghana between 2009 and 2015. The primary allegation was that Mahama’s brother, Samuel Adam Foster, and his associates acted as intermediaries for Airbus in securing the purchase of military aircraft through bribery.

Despite findings of bribery in the United Kingdom (UK) and the United States (US) regarding Airbus's involvement, the OSP emphasized the importance of conducting an independent investigation in Ghana. The foreign judicial outcomes only addressed the conduct under UK and US law, which did not necessarily apply to Ghanaian jurisdiction, and did not involve the referenced individuals. The OSP found no evidence that former President Mahama was involved in or facilitated the intermediary relationship between Airbus SE and Foster or his associates in the aircraft procurement process.

The investigation revealed that Foster and his associates became intermediaries after the Ghanaian government’s decision to purchase C-295 aircraft, a decision made prior to Foster’s involvement. The OSP noted that while there were direct communications between Mahama and Airbus officials to close the deal, Mahama appeared to act with good intentions on behalf of the Republic of Ghana. No evidence was found to suggest that these actions constituted corruption or any offence under the OSP’s mandate.

Further inquiry established that Foster and his associates were business partners of Airbus, remunerated through commission-based payments for the successful sale of aircraft. The arrangement was typical for Airbus, involving third-party intermediaries to assist in securing sales. While the UK and US judicial bodies characterized the payments as bribes, the OSP determined that Foster and his associates expected to receive lawful commissions as part of their agency agreement, not bribes intended for corrupt purposes.

After thorough investigation, the OSP found no evidence of bribery involving Foster, Mahama, or any other public officials. It was concluded that there was no basis to charge any individual in relation to the alleged bribery scheme. Consequently, the OSP decided to close the investigation and announced that no criminal proceedings would be initiated.