There appears to be an ongoing legal tussle between the Office of the Special Prosecutor (OSP) and former Minister of Finance, Ken Ofori-Atta.
The two parties have been engaged in a back-and-forth following the OSP’s declaration of Ofori-Atta as a wanted fugitive in connection with alleged involvement in corruption-related activities and cases.
Here is an extensive breakdown of what has transpired between the two parties so far:
Wanted declaration
On February 12, 2025, the OSP declared Ken Ofori-Atta a wanted fugitive after its efforts to have the former minister appear in person for an investigation proved unsuccessful.
During a press conference, the OSP stated that it had informed Ofori-Atta that he was considered a suspect in relation to four related cases and requested his physical presence on February 10, 2025.
The OSP further explained that legal counsel for Ofori-Atta had formally communicated to the office that the former minister was out of the country indefinitely for medical reasons, adding that the OSP would be notified if Ofori-Atta returned. The letter also requested a rescheduling of the date for Ofori-Atta’s personal attendance.
However, Kissi Agyebeng, explained that he had to declare Ofori-Atta, who is currently outside Ghana, a fugitive because his actions showed that he never intended to return to the country to present himself to investigators.
Charges against Ofori-Atta
The following are the four high-profile corruption cases Ofori-Atta is being investigated: Contractual arrangements between Strategic Mobilization Ghana Limited and the Ghana Revenue Authority for the stated objective of the enhancement of revenue assurance in the downstream petroleum sector, upstream petroleum production, and minerals and metals resources value chain and the termination of a distribution, loss reduction and associated network improvement project contract between the Electricity Company of Ghana Limited and Beijing Xiao Cheng Technology (BXC).
The others are procurement of contractors, materials, activities and payments in respect of the National Cathedral project as well as activities and payments in respect of a contract awarded by the Ministry of Health (initially commenced by the Ministry for Special Development Initiatives) to Service Ghana Auto Group Limited for purchases and after-sales service and maintenance of 307 Mercedes-Benz Sprinter 305 CDI ambulances for the National Ambulance Service. There is also the issue of the payments from and utilization of the Tax Refund Account of the Ghana Revenue Authority.
Lawyers of Ofori-Atta responds
Moments after the OSP’s declaration, details of correspondence between the lawyers of the former Minister of Finance and OSP emerged.
The content of a letter from Ofori-Atta’s lawyers to the OSP showed that the former minister told the Special Prosecutor’s office he could not present himself in person because he was out of the country.
“We write as Solicitors for Kenneth Ofori-Atta in respect of the above subject and refer to your letter dated January 24, 2025. We are informed by our client that a letter dated January 24, 2025, was left at our client’s security post for his attention. Our client had been out of the country and therefore not in his home in Ghana at the time.
“The said letter has been brought to our attention on the instructions of our client, who is still out of Ghana. The said letter is inviting our client to attend in person at your offices on Monday, February 10, 2025, at 10 a.m.,” part of the letter is quoted.
The lawyers also indicated that Ofori-Atta was out of the country to seek medical attention, after which he would determine when he would be returning to Ghana.
It added that the former minister did inform the former Chief of Staff, Akosua Frema Osei-Opare, and the current Chief of Staff, Julius Debrah, of his medical travel.
“Our client gave notice to the former Chief of Staff in early January and, more recently, to the current Chief of Staff of his trip outside the country on medical grounds. Our client is currently undergoing medical observation and tests, culminating in medical decisions to be taken in due course as to the way forward with treatment. After that, he will have a better idea of when he is able to proceed to Ghana,” the statement reads.
The lawyers then wrote that they would inform the OSP of Ofori-Atta’s return to the country so that a meeting could be scheduled. They concluded by stating that they would assist the OSP with its investigation until Ofori-Atta’s return.
OSP’s removal of Ofori-Atta from wanted list
Following this development, the OSP on February 18, 2025, removed Ofori-Atta’s name from the list of wanted persons after receiving confirmation from his legal team of his voluntary return to Ghana.
This came after a specific date for his return was communicated to the OSP.
The OSP, in response to the communication, deemed Ken Ofori-Atta’s stated return date reasonable under the circumstances.
As a result of this development, Ken Ofori-Atta was removed from the OSP’s list of wanted persons and is no longer considered a fugitive from justice.
Ofori-Atta sues OSP
Believing his rights had been violated, Ofori-Atta took legal action by suing the Special Prosecutor, Kissi Agyebeng, at the Accra High Court for declaring him a wanted fugitive, a move he contends infringed upon his rights.
He is seeking, among other things, compensation for the violation of his rights and damages caused by the announcement.
Ken Ofori-Atta’s lawyers have argued that the wanted declaration has caused him irreparable reputational harm and distress. They have asked the court to rule that the Special Prosecutor’s actions breached his rights to dignity, fair treatment, and administrative justice.
OSP responds
Not backing down on its resolve, the OSP stated that any failure by former Minister of Finance Ken Ofori-Atta to comply with the agreed deadline to appear before the OSP will result in consequences.
He will among other things have his name re-entered on the list of wanted persons and be declared a fugitive from justice.
Additionally, the OSP stated that it will request the issuance of an Interpol Red Notice, which urges law enforcement agencies worldwide to locate and provisionally arrest individuals declared wanted. The OSP also plans to initiate extradition proceedings in any jurisdiction where Ofori-Atta may be found.
Ghanaians await the outcome of the lawsuit and Ofori-Atta’s response to the OSP’s latest statement.
MAG/EK
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