The Office of the Special Prosecutor (OSP) has reaffirmed that its investigation into the Ghanaian dimension of the Aksa Enerji bribery case remains active, despite the conviction of Ghanaian businessman Asante Kwaku Berko in the United States.
Special Prosecutor Kissi Agyebeng said the OSP’s involvement in the matter did not end after it assisted US authorities with the prosecution of Berko, stressing that investigators were still examining the conduct of individuals linked to the alleged bribery scheme.
Dr Kwabena Donkor, a former Minister of Power, and four other individuals have been identified as the main persons of interest in the Ghana investigation.
They are Francis Walkson Kwesi Dzata, a former Technical Advisor to the Minister of Power; Solomon Adjetey Sowah, a former Deputy Director at the Ministry of Power; Lyndon George Nii Saul Mettle, a former Director at Tricorp Group Limited; and Baffour Ankoma Brobbey, a former Tricorp employee.
Mr Agyebeng said other current and former officials of institutions including the Volta River Authority, Ghana Grid Company Limited, Electricity Company of Ghana and the Public Utilities Regulatory Commission were also being investigated.
Speaking at a press conference, the Special Prosecutor said the OSP had been “actively and carefully” pursuing the Ghanaian aspect of the case, adding that the Office’s limited public commentary should not be interpreted as a lack of action.
He cautioned against assuming that Berko’s conviction in the United States automatically established criminal liability for individuals in Ghana.
According to him, every person’s conduct would have to be examined independently under Ghanaian law, based on evidence lawfully obtained and capable of supporting a prosecution before a Ghanaian court.
“The OSP will not prosecute a person solely on the basis that a person’s name appears in proceedings conducted in another country,” he said.
Mr Agyebeng also sought to clarify the meaning of the term “person of interest”, saying it should not be interpreted as an indication that an individual had committed a crime.
He explained that being classified as a person of interest was distinct from being designated a suspect and did not amount to a finding of criminal culpability.
He urged the media and the public to exercise caution when discussing individuals identified in the investigation, stressing that criminal guilt could only be established by a competent court after proof beyond reasonable doubt.
The OSP’s investigation follows the conviction of Berko by a federal jury in Brooklyn, New York, on August 6, 2026.
Mr Agyebeng said Berko was convicted of conspiring to pay and paying more than US$1 million in bribes to Ghanaian officials between 2014 and 2015.
The alleged payments were linked to a 370-megawatt fuel oil plant in Tema under an agreement involving Ghana and Turkish energy company Aksa Enerji.
The Special Prosecutor said the OSP had provided substantial investigative and evidentiary assistance to the Federal Bureau of Investigation (FBI) through Ghana’s mutual legal assistance framework.
He added that the United States Department of Justice had acknowledged the OSP’s contribution to the successful prosecution of Berko.
Mr Agyebeng maintained that the OSP would prosecute any individual against whom sufficient evidence was established, making clear that the ongoing investigation would be guided by evidence and Ghanaian law rather than the outcome of proceedings in another jurisdiction.
