Ken Ofori-Atta, Kissi Agyebeng
There appears to be a growing mistrust between the Special Prosecutor and former Minister for Finance, Ken Ofori-Atta, with recent developments between them generating public concerns.
The Office of the Special Prosecutor (OSP) has threatened to unleash the International Criminal Police Organisation (INTERPOL) on Mr. Ofori-Atta, if he fails to honour an in-person invitation to the Office in June this year for questioning.
The OSP has also indicated its preparedness to initiate extradition procedures against the former minister wherever he may find himself if he fails to attend the office in-person on June 2, 2025.
While the former minister maintains that the OSP can conduct its investigations in his absence, with his lawyers providing whatever documents it might need – while he receives medical attention in the United States, Mr. Agyebeng insists on Mr. Ofori-Atta showing up in-person.
The Interpol and extradition threats have been described by some as a kneejerk reaction by the OSP as a result of the former minister suing it for violating his right, by declaring him wanted and a fugitive from justice without a court order.
The Office, in a press statement signed by Kissi Agyebeng, acknowledged the suit filed by Mr. Ofori-Atta but fell short of giving details of steps taken, including whether it has responded to the suit by way of filing a defence.
Instead, the statement said the Office will relist the former minister as a wanted person and fugitive from justice if he fails to attend the Office on June 2, 2025.
“If Mr. Ofori-Atta fails to attend the OSP on the scheduled date, he shall be re-entered on the OSP’s list of wanted persons and the OSP shall consider him a fugitive from justice; whereupon the OSP will cause the issuance of an Interpol Red Notice in his regard and also cause the initiation of extradition proceedings in any jurisdiction in which he may be found,” the statement noted.
‘Wanted’
The OSP on February 12, 2025, declared Mr. Ofori-Atta wanted and a fugitive from justice over allegations of corruption and corruption-related offences.
The Office said it was investigating him for certain matters, including the release of state funds for the construction of the National Cathedral project, Strategic Mobilisation Limited (SML) contract and other contracts.
This followed what the Special Prosecutor described as the former minister’s unwillingness or failure to honour an in-person invitation to the Office.
But the Office later removed him from the list of wanted persons following an agreement between legal representatives of the former minister and the OSP, providing a definite date on which Mr. Ofori-Atta is expected to return to Ghana as well as when he could meet the OSP in-person.
It marked a significant shift in recent developments between the OSP and the former minister who, according to correspondences between his legal representatives and the OSP, is undergoing medical assessment in the United States of America.
In the midst of uncertainties and what could be seen as mistrust between the two parties, the Minority Leader, Alexander Afenyo-Markin, provided some clarity to the issue, revealing that the former minister is expected to return to Ghana in May 2025.
Suit
Mr. Ofori-Atta later sued the OSP and Kissi Agyebeng for declaring him wanted and fugitive from justice without a court order, in blatant violation of rights guaranteed by the 1992 Constitution.
The suit is also challenging the Office for maintaining Mr. Ofori-Atta’s name and image on its wanted persons column on its website despite the OSP announcing that the former minister was no longer on its ‘wanted’ list.
It contends that the OSP has no statutory powers to use media briefing to declare a person wanted or fugitive from justice.
It also argues that the OSP has no powers other than what is provided for the police to declare a person wanted, and same cannot be done without leave of the court.
He wants the court to order the OSP to remove his details and image from its wanted persons list, and compensation for declaring him a fugitive from justice without a court order.
BY Gibril Abdul Razak