Ghana’s former Minister of Finance, Kenneth Nana Yaw Ofori-Atta, has filed a lawsuit against the Office of the Special Prosecutor (OSP) and its head, Kissi Agyebeng, seeking multiple interlocutory, urging the Human Right Court in Accra to order the OSP to remove his name form its “Wanted Notice”s, describing it as an unlawful.
The case, which will be heard at the Human Rights Division of the High Court, raises serious concerns over administrative justice and due process in Ghana’s legal system.
Mr Ofori-Atta’s legal action follows the OSP’s decision to publicly list him as wanted and circulate his personal details and photograph on various virtual and physical platforms.
According to the motion on notice, the applicant is asking the court to restrain the OSP from continuing to maintain this notice, which he argues is in breach of administrative justice obligations.
Central to Mr Ofori-Atta’s case is the claim that the OSP failed to follow due process in issuing the wanted notice.
His lawyers argue that such an action should only be taken with court approval, which was not obtained in this instance.
The motion specifically requests an order preventing the OSP from further branding him a fugitive without first securing the necessary judicial backing.
The lawsuit also seeks a mandatory order compelling the OSP to remove the wanted notice from its official platforms.
Mr Ofori-Atta further asserts that the office’s continued publication of his name as a wanted individual contravenes assurances provided in a letter dated February 18, 2025, which had created a legitimate expectation that the OSP would not persist in such actions.
“An Order of Interlocutory Injunction restraining the Respondents from continued breach of their administrative justice obligation in maintaining the Applicant’s photograph and details on the Respondents’ official Facebook page and any other virtual and physical platforms of the Office of the Special Prosecutor contrary to the legitimate expectations the Respondents have created in their letter dated 18 February 2025”.
Justice Kusi Minkah-Premo, Counsel for Ken Ofori Atta
Threat of Re-Issuing Wanted Notice
Adding to his grievances, Mr Ofori-Atta contends that the OSP, in a press release dated February 18, 2025, indicated its intention to re-enter his name as a wanted person, effectively reaffirming its initial stance despite legal and procedural challenges.
He argues that the initial publication itself was unlawful and that repeating it would constitute a further breach of his rights.
Through his lawyer, Justice Kusi Minkah-Premo, Ofori-Atta is urging the High Court to issue an interlocutory injunction preventing the OSP from repeating this declaration in media briefings or other public announcements.
His legal team emphasizes that failure to grant this injunction could cause irreparable damage to his reputation and fundamental rights.
The case is set to be heard on April 9th 2025, at the Human Rights Division of the High Court in Accra. Ofori-Atta’s legal team will seek immediate relief through the interlocutory injunctions while the broader case proceeds to a full hearing.
Kenneth Nana Yaw Ofori-Atta’s lawsuit against the Office of the Special Prosecutor is a high-stakes legal battle that will test the balance between law enforcement authority and individual rights.
If the court grants the orders sought, the OSP will be required to remove Ofori-Atta’s name and photograph from its platforms and refrain from further public declarations on his status pending a final judgment.
A ruling in favor of the applicant would signal a major rebuke to the OSP’s handling of this matter and reinforce what Mr Ofori Atta considers the importance of due process in the country’s justice system.
On the other hand, if the court denies the injunction, the OSP may continue its actions, potentially escalating tensions between the office and individuals challenging its procedures.
With due process, administrative justice, and judicial oversight at the heart of the case, the outcome will have significant ramifications for governance, the rule of law, and human rights protections in Ghana.
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