The Criminal Division of the High Court has dismissed an application filed by former Finance Minister, Kenneth Ofori-Atta, seeking to nullify an arrest warrant issued by the Office of the Special Prosecutor (OSP).
The court ruled that the application lacked merit and declined to grant any of the reliefs sought by Mr Ofori-Atta, including setting aside all proceedings related to the warrant and an accompanying Interpol Red Notice alert.
In its decision on Thursday, July 31, the court determined that the former minister had failed to demonstrate sufficient legal grounds to invalidate the actions taken by the Special Prosecutor.
The ruling comes as a significant legal setback for Mr Ofori-Atta, who is facing an expanding web of corruption-related investigations led by the OSP.
The arrest warrant in question was first issued on February 12, 2025, when the OSP publicly declared Kenneth Ofori-Atta a wanted person in connection with ongoing investigations into suspected corruption and related offences.
Central to the probe is the Strategic Mobilisation Ghana Limited (SML) contract — a revenue assurance agreement involving the Ministry of Finance and the Ghana Revenue Authority (GRA) — which has triggered public concern over value-for-money and transparency in government procurement.
In addition to the SML contract, Mr Ofori-Atta is also being investigated in connection with multiple transactions under the Minerals Income Investment Fund (MIIF).
These include payments made in relation to the controversial Agyapa Royalties Limited deal, the Small-Scale Mining Incubation Programme, the Quarry Value Addition Programme, and transactions involving Asante Gold Corporation.
The OSP has also taken an interest in all MIIF-related investments executed during his tenure as Finance Minister.
Unfulfilled Assurance
Following the initial issuance of the arrest warrant, Mr Ofori-Atta’s legal team engaged with the OSP, offering assurances that he would cooperate with the investigation.
These discussions briefly led to a deactivation of the warrant. However, tensions escalated when the former minister repeatedly failed to appear in person before the Special Prosecutor for questioning.
On July 2, 2025, the OSP reissued its arrest directive and declared Kenneth Ofori-Atta a “fugitive of justice,” reinstating his status on the national red alert list.
According to the Special Prosecutor, Kissi Agyebeng, the former minister’s failure to cooperate with the ongoing investigations, especially regarding the SML deal, amounted to a deliberate obstruction of justice.
Speaking publicly on the matter, Mr Agyebeng expressed frustration with Mr Ofori-Atta’s continued absence from scheduled interrogations.
The court’s latest ruling further consolidates the OSP’s legal footing as it continues to pursue accountability in what it has described as one of the most complex financial investigations in the country’s recent history.
While Mr Ofori-Atta may explore further legal options, including a possible appeal or filing of a new motion at a higher court, the ruling of the High Court stands, reinforcing the legitimacy of the Special Prosecutor’s actions and placing additional pressure on the former finance chief to comply with the investigation process.
