Ken Ofori-Atta, Kissi Agyebeng
Former Minister of Finance, Ken Ofori-Atta, has sued the Special Prosecutor (SP) and the Office for declaring him wanted and a ‘fugitive from justice’ as a result of an ongoing investigation.
The suit, filed before a High Court in Accra, avers that the OSP has no statutory powers to use media briefing to declare a person wanted or fugitive from justice.
It also contends 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.
Again, the suit states that the OSP, having been informed of the former minister’s letters to the immediate past and present Chiefs of Staff about his travel to the United States on medical grounds, had no basis for describing him as ‘fugitive from justice’, especially so when the OSP had never expressed any doubt about such letters to the Chiefs of Staff, nor doubts about the professional responsibility of his lawyers to assist the OSP in its investigations until his arrival back in Ghana.
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.
Again, the suit avers that the Special Prosecutor, Kissi Agyebeng, as a lawyer was in breach of Article 23 when he responded to the letter by Mr. Ofori-Atta’s Solicitors by Media Briefing contrary to Rules 8 and 12 of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.1. 2423).
‘Wanted’
The OSP on February 12, 2025, declared Mr. Ofori-Atta wanted over allegations of corruption and corruption-related offences, including the release of funds for the construction of the National Cathedral
This followed what the Special Prosecutor described as the former minister’s unwillingness or failure to honour an in-person invitation to the Office.
Six days later, the OSP removed Mr. Ofori-Atta from the list of persons declared wanted by the office.
Suit
The Former Finance Minister has sued the OSP for not following the dictates of the Act that established it and other statutes it draws its powers from before declaring him wanted.
The suit further contends that the Office of the Special Prosecutor, in exercising the powers of the Police as provided for under Section 28 of the Office of the Special Prosecutor Act, 2017 (Act 959), and the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.1. 2374), is bound by the limits placed on the exercise of discretionary power as enshrined in the Service Instructions of the Police Service, under Article 200, and consistent with Article 296 of the 1992 Constitution.
“The unlawful declaration of the Applicant as ‘WANTED’ or ‘fugitive from justice’ constitutes violation of his right of personal liberty as enshrined in Articles 14 of the 1992 Constitution; and right of free movement enshrined in Article 21 of the 1992 Constitution, Article 12 of the International Covenant on Civil and Political Right (ICCPR) as well as Article 12 of the African Charter on Human and People’s Rights (AfCHPR),” the suit pointed out.
The suit adds that any act of the OSP as a State Agency that violates Mr. Ofori-Atta’s human rights will amount to a breach of Ghana’s international treaty obligations under the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights.
Reliefs
Mr. Ofori-Atta is therefore, seeking an order for the immediate removal of his photograph and details from the wanted list on the website of the OSP.
An order for payment of compensation for the OSP unlawfully declaring him wanted, and the unlawful publication on the OSP’s website that he is a wanted person as well as keeping his photograph and details on its website as a wanted person despite saying he is no longer a wanted person.
He is also seeking an order directing the OSP to list documents that it may require from Mr. Ofori-Atta for investigations and serve same on his lawyers for them to furnish same pending his return to Ghana.
Again, he wants an order of injunction restraining the OSP from carrying out its threat of repeating the “unlawful re–entering” of his name as a wanted person or declaring him a ‘fugitive from justice.’
BY Gibril Abdul Razak