In a 9-page letter from the Presidency dated November 17, 2020, addressed to Amidu and written by the Secretary to the President, Nana Bediatuo Asante debunked the allegation of interference to the controversial Agyapa Royalties deal and other matters raised in Martin Amidu's resignation letter.
Nana Addo denies Martin Amidu's allegations asking him to shelve controversial Agyapa report
President Nana Addo Dankwa Akufo-Addo has responded to Martin Amidu's allegation of interference in his work as the Special Prosecutor following which he resigned on Monday, November 16, 2020.
He said "At no point did the President ask you to shelve the report, so he could "handle the matter". It is difficult to see in what way and in what context the President would seek to "handle the matter" when the matter was already public knowledge and had led to the Ministry of Finance suspending action on the Agyapa transaction in anticipation of your report."
"I am directed by the President to respond to correct the errors of the fact contained in your [Amidu] letter in order to provide a complete public record of the issues," he added.
According to him, claims that he [Nana Addo] asked Martin Amidu to shelve the corruption risk assessment report on the Agyapa Royalties agreement was not true.
"... you [Amidu] also accuse the President of being a judge in his own cause. This is the unkindest cut of all. You did not and have not alleged that the President is, or could be, the subject of adverse findings or investigations arising from your assessment report of the Agyapa transaction. It beggars relief, therefore, that you would insinuate that the President has, himself, something to hide and seeks to be a judge in his own cause.' As a lawyer of many years' standing, there is no doubt that you know that if one is not a party to or has an interest in a matter, one simply cannot be described as a judge in his own cause. That statement is most regrettable," the letter stated.
"At the outset, it must be made clear that throughout your tenure as Special Prosecutor, neither the President nor any member of his government has interfered or sought to interfere with your work. Indeed, it is noteworthy that in your letter to the President dated 16 October 2020, (OSP/SCR/20/12/20) you stated, in part, in relation to the novel nature of the report on the analysis of the risk of corruption and anti-corruption assessment of the gold royalties monetisation transaction (hereinafter the "Agyapa Report") as follows: "This has been made possible by the courage and commitment of H.E. the President of Ghana in redeeming the promise he made to Ghanaians when he was a Presidential candidate of a political party to establish an independent anti-corruption statutory entity to make meaningful any real commitment to prevent and to fight corruption. The Office of Special Prosecutor Act, 2017 (Act 959) established this Office.
The President ensured that in the teeth of strong opposition the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374) the prevention of corruption regulations which to the best of my knowledge may be the first in Africa and meets international standards and best practices".
"We hope that the above statement of facts settles the issues and allegations contained in your letter and that the general public will now have a clearer understanding of the very serious matters you have raised."
Why Amidu resigned
On Monday, November 16, 2020, Martin Amidu resigned from his office with immediate effect over interference in his work by the NPP-led government by President Nana Addo Dankwa Akufo-Addo.
He stated that the President of the Republic was interfering in the performance of his duties in relation to the risk of corruption and anti-corruption assessment on the controversial Agyapa Royalties Transaction.
He alleged that the President attempted to convince him to include a response from the Minister of Finance Ken Ofori-Atta in his report which he declined because "that would have compromised my independence as the Special Prosecutor."
In his assessment report on the Agyapa deal, Amidu said the Transaction Advisor involved in the deal were susceptible to "nepotism, cronyism, and favouritism".
According to him, Nana Addo has not been able to ensure his independence and freedom of action.
"The one condition upon which I accepted to be nominated as the Special Prosecutor when you invited me to your Office on 10th January 2018 was your firm promise to me that you will respect and ensure same by your Government for my independence and freedom of action as the Special Prosecutor," he stated.
Here's a copy of the letter to Martin Amidu below:
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