Governance group People’s Alliance for Governance and Accountability (PAGA) has filed a Right to Information request seeking records of the Office of the Special Prosecutor’s dealings with US authorities over the Asante Kwaku Berko and AKSA Enerji power project case.

In a letter dated August 10 and received by the OSP on 11 August, PAGA requested documents relating to investigations into Berko and the emergency power agreement involving AKSA Enerji.

The group said the request was made under Article 21(1)(f) of Ghana’s 1992 Constitution and the Right to Information Act, 2019 (Act 989).

PAGA said the request followed criminal proceedings in the United States concerning allegations that Berko participated in a scheme involving payments and attempted payments to Ghanaian public officials in connection with the development, approval and financing of the AKSA emergency power project.

Berko, a US-Ghanaian citizen and former Managing Director of the Tema Oil Refinery, was convicted by a US court on August 6 over his role in the bribery scheme.

“For the avoidance of doubt, we are seeking access to the records themselves and not merely summaries or descriptions of their contents,” PAGA said in its letter.

PAGA asked for investigative reports, findings, memoranda, briefs and dossiers prepared by or on behalf of the OSP and submitted to US authorities.

It also requested documents transmitted to the US Department of Justice, the US Attorney’s Office for the Eastern District of New York, the Federal Bureau of Investigation and the Securities and Exchange Commission.

The requested records include covering letters, emails, annexures, evidence indexes, formal requests for assistance and documents showing the dates of transmission and the US agencies that received them.

PAGA also wants any OSP report or written record containing findings or conclusions concerning Ghanaian public officials, lawmakers, public officers, intermediaries or other individuals arising from the Berko/AKSA investigation.

PAGA said the request was justified by what it described as substantial public interest in transparency and accountability.

“There is therefore a substantial public interest in transparency and accountability regarding the steps taken by Ghanaian anti-corruption institutions in respect of conduct alleged to have occurred substantially within Ghana,” the group said.

It added that the records would help the public understand how Ghanaian anti-corruption institutions exercised their statutory functions and cooperated with foreign law-enforcement agencies.

PAGA asked the OSP to acknowledge receipt of the request and issue a determination within 14 days, as provided under the Right to Information Act.

The group further asked that, where any requested information is considered exempt, the OSP should identify the specific exemption, provide written reasons and release any portions of the records that can lawfully be disclosed.

The letter was signed by Daniel Otting Awuah on behalf of PAGA.