By Issah Olegor
The Office of the Special Prosecutor (OSP) has identified former Power Minister Kwabena Donkor and four other individuals as persons of interest in its continuing investigation into the Ghanaian dimension of the bribery case involving former Tema Oil Refinery Managing Director Asante Kweku Berko in the Aksa power deal.
The development follows the conviction of Berko by a federal jury in Brooklyn, New York, on August 3, 2026, in connection with a bribery scheme involving more than US$1 million.
Speaking at a press conference on August 26, 2026, Special Prosecutor Kissi Agyebeng disclosed the identities of five principal persons of interest in the OSP’s investigation.
They are 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; and Baffour Ankomah Brobbey, an employee of Tricop Group Limited.
Agyebeng, however, immediately sought to distinguish the designation from an accusation of wrongdoing, stressing that the individuals should not be presumed to have committed any offence simply because investigators have identified them as persons whose activities or knowledge may be relevant to the case.
Investigation follows Berko’s US conviction
The OSP’s latest development comes after Berko was convicted in the United States in connection with the bribery scheme involving Ghanaian officials between 2014 and 2015.
Berko, who holds Ghanaian and American citizenship and previously served as Managing Director of the Tema Oil Refinery, was accused by US authorities of conspiring to make illicit payments to several Ghanaian officials.
The alleged bribery activities were linked to efforts surrounding the development and financing of a 370-megawatt fuel-oil power plant in Tema by a Turkish energy firm, Aksa.
The project involved an agreement between the Republic of Ghana, Turkish energy company AXA Energy Eratim, and investment bank Goldman Sachs, placing the transactions within Ghana’s energy and public-sector contracting environment.
The American proceedings consequently raised questions about the Ghanaian individuals who may have been involved in, had knowledge of, or interacted with the transactions under investigation.
OSP assisted FBI investigation
The Special Prosecutor disclosed that the OSP had already played a role in the international investigation before the latest announcement.
According to Agyebeng, the Ghanaian anti-corruption body provided investigative and evidentiary assistance to the US Federal Bureau of Investigation (FBI) through the mutual legal assistance framework.
He said the cooperation contributed to the successful prosecution of Berko and that the US Department of Justice had acknowledged the assistance provided by the OSP.
The cooperation between the two jurisdictions reflects the increasingly international nature of financial and corruption investigations, particularly where alleged transactions involve officials, companies, financial institutions and assets across different countries.
Agyebeng used the announcement to issue a strong caution against interpreting the designation of the five individuals as evidence that they have committed crimes.
He explained that a person of interest is not necessarily a suspect, and that investigators may identify individuals because they possess information or may have knowledge relevant to establishing the circumstances surrounding an alleged offence.
“Please bear in mind and this point should be strongly emphasised: that the person of interest is not necessarily a suspect,” he said.
The Special Prosecutor added that neither designation should be interpreted as a finding of criminal responsibility.
“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 stated.
The OSP also disclosed that its inquiry is not restricted to the five individuals publicly identified.
According to Agyebeng, investigators are examining the activities of other present and former employees of major public institutions within the energy and electricity sectors.
Those institutions include the Volta River Authority (VRA), Ghana Grid Company Limited (GRIDCo), the Electricity Company of Ghana (ECG) and the Public Utilities Regulatory Commission (PURC).
Some current and former officials of the former Ministry of Power are also among those whose activities are being examined.
The broad scope of the investigation suggests that the OSP is seeking to establish the full chain of events surrounding the transactions rather than relying solely on evidence presented during the US proceedings.
Agyebeng further explained that Berko’s conviction in the United States does not, by itself, provide sufficient legal grounds for prosecuting other people in Ghana.
He said Ghanaian investigators must independently examine the conduct of each individual and determine whether there is evidence of an offence under Ghanaian law.
The evidence must also have been lawfully obtained and must be sufficient to sustain a prosecution before a Ghanaian court.
“The OSP will not prosecute the person solely on the basis that the person’s name appears in proceedings conducted in another country,” he said.
This means that even where a person’s name or activities may have surfaced during the American proceedings, the OSP must still establish an independent evidentiary basis before bringing criminal charges in Ghana.
OSP keeps prosecution option open
Despite the caution, the Special Prosecutor made clear that the ongoing investigation could result in prosecutions if investigators establish sufficient evidence.
He said the OSP would prosecute any individual where the available evidence establishes a proper legal basis for doing so.
The investigation therefore remains at a stage where investigators are examining information, documents, transactions and relationships surrounding the alleged bribery scheme.
While evidence obtained through international cooperation can assist Ghanaian investigators, any prosecution in Ghana must satisfy the requirements of Ghanaian law and the country’s criminal justice system.
The case centres on allegations that Berko participated in a scheme to pay more than US$1 million in bribes to Ghanaian officials during the period between 2014 and 2015.
The alleged payments were connected to the proposed Tema power project and involved negotiations and arrangements surrounding its development and financing.
