Omanghana
Ghana’s Office of the Special Prosecutor has cautioned the public against treating the United States criminal conviction of former Goldman Sachs banker Asante Kwaku Berko as automatic proof that individuals named in connection with the case received bribes.
The OSP said the American proceedings provide important information and investigative leads, but Ghanaian authorities must still conduct an independent investigation and satisfy the country’s legal requirements before any person can be prosecuted or convicted.
Samuel Appiah Darko, the OSP’s Director of Strategy, Research and Communications, explained the agency’s position during an interview on Joy FM.
He stressed that findings made during foreign proceedings cannot replace the evidence required to establish criminal responsibility in a Ghanaian court.
OSP Explains Difference in Evidence
According to Appiah Darko, the U.S. case against Berko relied substantially on his personal emails, witness accounts and accounting records.
Those materials were used to establish Berko’s involvement in the alleged bribery scheme. However, an entry in a personal ledger claiming that money was paid to another person does not necessarily mean the U.S. court independently established that the named recipient received the funds.
The OSP explained that the legal questions surrounding Berko’s conduct are different from those that would arise in a criminal case against an alleged recipient in Ghana.
While Berko’s records may provide investigators with useful leads, prosecutors would need additional evidence linking specific individuals directly to the alleged payments and corrupt conduct.
Ghanaian Prosecutors Must Build Independent Cases
For a Ghanaian court to convict a person accused of receiving illicit payments, prosecutors must present credible and admissible evidence proving the allegations beyond a reasonable doubt.
Investigators must therefore determine whether the money was transferred, identify who received it and establish the circumstances under which it was allegedly paid.
They must also demonstrate that any payment was connected to an improper official act or another form of corrupt conduct.
The OSP said it could not simply rely on conclusions reached in the United States without examining the evidence under Ghanaian law.
The agency’s position underscores the presumption of innocence enjoyed by all persons under investigation. Being identified as a person of interest does not amount to a criminal charge, finding of guilt or conviction.
OSP Appeals for Patience
The Special Prosecutor’s Office has urged the public to allow investigators sufficient time to pursue the Ghanaian aspect of the case thoroughly.
Appiah Darko noted that U.S. federal authorities spent almost six years investigating Berko. His extradition from the United Kingdom also took about a year.
The OSP said complex financial crime investigations frequently involve multiple jurisdictions, large volumes of records and difficult efforts to trace transactions carried out several years earlier.
Investigators may also need to obtain documents from foreign institutions, interview witnesses and confirm the movement of funds through different accounts.
The agency maintained that public interest in the case was understandable but warned that rushing an investigation could weaken potential prosecutions.
Five Persons Identified in Ghanaian Investigation
The OSP has formally identified five persons of interest in connection with the Ghanaian aspect of the alleged bribery scheme.
They are:
- Dr. Kwabena Donkor, a former Minister of Power
- Francis Walkson Kwesi Gyata, a former technical adviser to the Minister of Power
- Solomon Adjetey Sowah, a former deputy director at the Ministry of Power
- Lindin George Nii Mettle, a former director at Tricop Group Limited
- Baffour Ankomah Brobbey, an employee of Tricop Group Limited
Their designation as persons of interest means investigators consider them potentially relevant to the inquiry. It does not establish that they committed an offence or received any illicit payment.
The OSP is expected to examine the available records and determine whether there is sufficient evidence to pursue criminal charges in Ghana.
Berko Convicted in the United States
A federal jury in Brooklyn, New York, convicted Berko on August 6, 2026, on all counts involving conspiracy to violate the U.S. Foreign Corrupt Practices Act and money laundering.
Berko, a dual citizen of Ghana and the United States, previously worked as a banker at Goldman Sachs and later served as Managing Director of the Tema Oil Refinery.
The charges arose from an alleged scheme carried out between 2014 and 2015. U.S. prosecutors said Berko facilitated more than $1 million in corrupt payments intended to secure Ghanaian government approval and financing for an emergency power project involving Turkish energy company Aksa Enerji Uretim A.S.
Following his conviction, Berko faces a possible prison sentence of up to 30 years. His sentencing is scheduled for November 2026.
Although the U.S. verdict establishes Berko’s criminal liability under American law, the OSP said any case against individuals in Ghana must be supported by independently verified evidence capable of meeting Ghana’s required standard of proof.
Source: Omanghana
