Special Prosecutor Kissi Agyebeng has defended the role of the Office of the Special Prosecutor (OSP) in the conviction of former Tema Oil Refinery (TOR) Managing Director Asante Kweku Berko in the United States, insisting that the institution’s contribution to the case cannot be dismissed.
Addressing a press conference, Mr Agyebeng said the OSP provided investigative and evidentiary assistance to the United States Federal Bureau of Investigation (FBI), which contributed to the successful prosecution and conviction of Berko.
He said the OSP’s involvement demonstrated that the institution could not fairly be described as incompetent in handling the matter, regardless of differing opinions about its work.
The former TOR Managing Director was convicted by a federal jury in Brooklyn, New York, on August 3, 2026, over a bribery scheme involving more than US$1 million.
According to the OSP, Berko, a dual citizen of Ghana and the United States, was convicted over allegations that he conspired to pay bribes to several Ghanaian officials between 2014 and 2015.
The alleged payments were linked to the development and financing of a 370-megawatt fuel oil plant in Tema under an agreement involving the Republic of Ghana, Turkish energy company AXA Energy Eratim and Goldman Sachs.
Mr Agyebeng said the OSP provided assistance to the FBI through Ghana’s mutual legal assistance framework, with the US Department of Justice acknowledging the Office’s contribution to the prosecution.
He stressed that the OSP’s involvement in the matter did not end with its assistance to US authorities, as the Office has continued investigating the Ghanaian dimension of the case.
As part of the ongoing investigation, the OSP has identified former Power Minister Kwabena Donkor and four others as persons of interest.
The other individuals are 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; and Baffour Ankomah Brobbey, an employee of Tricop Group Limited.
Mr Agyebeng, however, cautioned against treating the five individuals as suspects or assuming that their identification amounted to an indication of criminal wrongdoing.
“Please bear in mind and this point should be strongly emphasised: that the person of interest is not necessarily a suspect,” he said.
He explained that the classifications have distinct meanings in an investigation and should not be used interchangeably.
“Identification in either category does not constitute criminal culpability or conviction until guilt is proved beyond reasonable doubt to the satisfaction of a court of competent jurisdiction,” he added.
The OSP said its investigations have also identified other persons of interest among current and former employees of the Volta River Authority, Ghana Grid Company Limited, Electricity Company of Ghana and the Public Utilities Regulatory Commission, as well as some staff of the former Ministry of Power.
Mr Agyebeng said Berko’s conviction in the United States would not automatically form the basis for prosecuting individuals in Ghana.
He explained that the conduct of each person must be independently assessed under Ghanaian law and supported by evidence obtained through lawful means.
“The OSP will not prosecute the person solely on the basis that the person’s name appears in proceedings conducted in another country,” he stated.
He nevertheless assured that the OSP would prosecute any individual where the evidence establishes a proper basis for criminal proceedings.
Mr Agyebeng also stressed the importance of cooperation among relevant state institutions and international partners in tackling corruption and financial crimes.
He said coordinated efforts among state agencies would be necessary to achieve a common objective in the ongoing investigation.
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