Airbus has entered into a Deferred Prosecution Agreement with the Serious Fraud Office of the United Kingdom. A Deferred Prosecution Agreement is a sort of contract under which a person accused of a crime, makes a compensation, makes payments towards restitution and agrees to other punitive sanctions. In return, the State agrees not to prosecute the crimes within a given period.
Under the DPA, Airbus agreed to pay close to £1 Billion to the Government of the United Kingdom, if they do not prosecute them within five years for their crimes. They also pledged to confess all their sins throughout the world and hand over documents detailing those sins. They promised to change. And agreed to be prosecuted, however, if within the five years they conduct themselves in a manner which suggests they have not changed.
It was part of the confession of Airbus, that, in dealing with Ghana, they allegedly paid bribes of £3.9 MILLION to Samuel Adams Foster, so that he could distribute it amongst the Government Officials connected with the transaction, in order to influence them to approve the transaction.
Airbus confessed, that short of that bribe, the transaction would not have gone through in Ghana. It is worth mentioning that Ghana is not the only country Airbus has confessed to allegedly paying bribes in. Indeed, it was their practice, corporate practice, to get things done through bribery.
The Confession was then sent to Court and adopted by the Court, together with the DPA. That is why, the names of the individuals who Samuel Adam Foster paid the bribes did not appear in the Court judgment. Because those details were irrelevant to the DPA since they were not in dispute and the Court was not under an obligation to establish them.
However, the effect of processes is that Mr Samuel Adam Foster as per toward, as per the DPA, and the Judgment of the Court, is not a criminal who took 3.9 Million as an alleged bribe from Airbus to share to Government Officials so they can get their transaction through.
It is also a fact that Mr Adam Foster had expertise in consultancy or transactions of that nature. His company was formed in March 2013 after then President Mahama has been inaugurated as President in Jan. 2013.
It is important to mention that Airbus gave their confession under oath. And in law, a statement made under oath or sworn is superior to any other statement which is unsworn.
The UK has not stated that Samuel Adam Foster is a criminal which means no one can say he is a criminal in Ghana because the UK who is the principal investigative body has not said any of that sort and for the record, Samuel Adam Foster is a UK national. Which means if he should be convicted, it is the UK who will send him to jail but all documents prove he is not a criminal and there has not been a single evidence from Aribus that says he is a criminal. Martin Amidu has no case as it stands today.