Private legal practitioner Martin Kpebu has mounted a strong defence of the Office of the Special Prosecutor (OSP) in the wake of growing controversy surrounding the decision to declare former Finance Minister Ken Ofori-Atta a wanted man.
According to Mr Kpebu, the blame for the current standoff between the Special Prosecutor and Ofori-Atta’s legal team lies squarely at the feet of the former minister’s lawyers, who he says failed to provide adequate documentation to justify their client’s repeated absences from scheduled interrogations.
The OSP, under the leadership of Special Prosecutor Kissi Agyebeng, has renewed efforts to bring Ofori-Atta before the law to answer for his alleged role in corruption-related offences during his tenure as Finance Minister.
Chief among these allegations is his involvement in the controversial contract with Strategic Mobilisation Ghana Limited (SML), which has come under intense scrutiny.
The OSP, citing non-cooperation and disregard for its summons, reinstated Ofori-Atta’s name on the Interpol red alert list, effectively branding him a fugitive of justice.
Commenting on the development, Martin Kpebu, himself a seasoned lawyer, argued that the declaration was a legally justified and necessary step.
“The lawyers haven’t given enough medical details. You see, the OSP knows confidentiality. Kissi Agyebeng is a lawyer. So, if you can’t trust law enforcement agencies with medical records, then I don’t know who else you can trust.”
Martin Kpebu, Legal Practitioner
He emphasised that the Special Prosecutor would likely have granted an extension or rescheduled the interrogation had the defence team led by Frank Davies provided a comprehensive medical dossier explaining the extent of their client’s ailment.
“I expected Frank Davies and the rest of the defence team to have done a thorough job in giving him a full dossier – to show the nitty-gritty of the ailment,” he said, stressing that without the proper documentation, the OSP had every right to move forward with its legal mandate.
OSP’s Procedural Patience
Mr Kpebu admitted that he initially disagreed with the OSP’s declaration of Ofori-Atta as a fugitive, but now fully supports the decision given the procedural patience demonstrated by the office.
He noted that the OSP had extended more than enough opportunities to the former Finance Minister to appear voluntarily or to properly justify his absence but was instead met with vague excuses and insufficient medical evidence.
Revisiting earlier missteps, Mr Kpebu recalled that Ofori-Atta’s initial failure to appear before the OSP could partly be blamed on communication lapses between the Chief of Staff and law enforcement agencies.
“So the Chief of Staff knew he was travelling, and didn’t share the information with law enforcement agencies. Especially as we all knew that Ofori-Atta was public enemy number one. Ofori-Atta is the first person that you have the whole of the majority of MPs in his own party revolt against him, that he should be removed, etc.”
Martin Kpebu, Legal Practitioner
According to Mr Kpebu, what differentiates the past situation from the present one is that while the OSP may have been premature in some of its earlier steps, this time the office has exhausted all reasonable options.
He insisted that Ofori-Atta’s legal team could have done more to negotiate better terms or timelines with the Special Prosecutor instead of resorting to combative rhetoric and questionable documentation.
Mr Kpebu also weighed in on the broader legal argument regarding the format of interrogation. He acknowledged that Ghana’s laws permit remote interviews via video conferencing under certain circumstances, and therefore it is incumbent on the Special Prosecutor to clarify his reasons for rejecting the virtual appearance proposed by Ofori-Atta’s lawyers.
“The law makes provision for video conferencing, so he should explain to Ghanaians why he does not want to use it. Don’t just say, ‘I insist he must come.’ He should articulate the reasons so that we understand”.
Martin Kpebu, Legal Practitioner
Despite his support for the OSP’s current actions, Mr Kpebu cautioned the public against assuming that Ofori-Atta could be swiftly extradited from the United States or any other jurisdiction.
He explained that such a move would require formal legal cooperation between Ghana and the host country, a process that can be complex and time-consuming.
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