The Office of the Special Prosecutor (OSP) has formally responded to the lawsuit filed by former Finance Minister Ken Ofori-Atta, maintaining its stance on the ongoing corruption investigations and reiterating its expectation that he returns to Ghana for questioning.
The OSP, in a strongly worded statement, dismissed Ofori-Atta’s legal challenge as an attempt to evade accountability while making it clear that it will not waver in its mandate to ensure justice.
“The OSP remains unwavering in its commitment to enforcing the law and ensuring that Mr. Ofori-Atta answers for his role as the prime suspect in five ongoing corruption and corruption-related investigations”
The Office of the Special Prosecutor
Ken Ofori-Atta, who previously served as Ghana’s finance minister, had initiated legal proceedings against the OSP, contesting its decision to declare him a “wanted person” through a media briefing.
The lawsuit argues that the OSP has no legal authority to take such action without a court’s approval and claims that the declaration violated his constitutional rights to personal liberty and free movement.
In response, the OSP acknowledged receiving Ofori-Atta’s legal challenge but maintained that the former minister must appear in person for questioning as scheduled.
“Mr. Ofori-Atta is mandatorily required to appear in person before the OSP on 2 June 2025,” the Special Prosecutor’s statement read, adding that any failure to do so would lead to renewed legal action against him.
“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”
The Office of the Special Prosecutor
The Special Prosecutor, Kissi Agyebeng, further stated that if the former minister did not comply, the OSP would seek an Interpol Red Notice for his arrest and initiate extradition proceedings in any jurisdiction where he might be found.
Ofori-Atta’s Legal Argument
Ofori-Atta’s lawsuit challenges the OSP’s authority to declare individuals wanted through media briefings, arguing that only the police can take such action, and even they require court approval.
He contends that his rights were violated when the OSP made such declarations without due legal process. His legal team insists that the Special Prosecutor overstepped his powers, particularly in exercising functions similar to the police.
The lawsuit also accuses Kissi Agyebeng of professional misconduct, arguing that responding to Ofori-Atta’s lawyer through a media briefing instead of formal legal communication breached legal ethics.
The former minister is seeking a court declaration that the OSP acted unlawfully and unfairly in its treatment of him.
Additionally, Ofori-Atta is demanding compensation for damages caused by the OSP’s actions, particularly for keeping his image on its website as a wanted person even after publicly announcing that he was no longer wanted.
His legal team has asked the court to compel the OSP to issue a written response to outstanding letters from his lawyers and to clearly outline any documents it requires from him for its investigations.
OSP’s Determination to Pursue the Case
Despite the legal challenge, the OSP remains resolute in its investigation of Ofori-Atta’s alleged involvement in corruption-related activities.
The office reiterated that it had initially “removed Ofori-Atta’s name from its wanted list on the basis of his assurance” that he would return to Ghana for questioning.
However, it emphasized that this removal was temporary and conditional upon his personal attendance on the scheduled date.
The office has insisted that it will take further action if Ofori-Atta fails to comply, emphasizing its responsibility to uphold justice without political influence.
The legal battle between Ken Ofori-Atta and the OSP raises critical questions about the limits of the Special Prosecutor’s authority, the enforcement of corruption investigations, and the protection of individual rights under Ghana’s constitution.
While Ofori-Atta’s legal team argues that his fundamental rights have been violated, the OSP maintains that it is acting within the law to ensure accountability in high-profile corruption cases.
For now, the case remains a defining test of Ghana’s legal framework on corruption investigations.
As both sides prepare for a legal showdown, the OSP’s warning remains clear, Ofori-Atta must return for questioning or face renewed legal consequences, including possible extradition.
The outcome of this battle will not only shape Ofori-Atta’s fate but also set a precedent for how similar cases are handled in the future.
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