A new legal storm is brewing as former Finance Minister Ken Ofori-Atta has filed a suit against the Office of the Special Prosecutor (OSP) and its Head, Kissi Agyebeng. At the heart of the legal dispute is the OSP’s decision to declare Ofori-Atta “wanted,” a move that Ken Ofori-Atta’s legal team argues was done unlawfully.
The case has sparked intense legal discussions, with Private legal Practitioner Martin Kpebu weighing in on the situation.
Martin Kpebu provided a critical legal analysis of the case, highlighting key concerns about the legality of the OSP’s actions. He explained that the procedure for declaring a person wanted is well established under the Ghanaian law and must be followed strictly.
“The OSP has the same powers as given to the police. And that means we have to look at how the police declare someone wanted. That process is regulated by Regulation 161 of the Service Instructions. The rule is clear, you cannot declare someone wanted unless you have first issued a summons for their arrest, failed to locate them, and then sought permission from the court.”
“For me, what they have stated in that [Ken Ofori-Atta] reliefs means that the OSP did not go to court before making this declaration.’’
Martin Kpebu Legal Practioner
A crucial legal question raised in this case is whether the court authorized the declaration of Ofori-Atta as a wanted individual.
Martin Kpebu made it clear that, in his view, the OSP must demonstrate that it acted within the boundaries of the law. If it is proven that the office did not secure the necessary legal backing, its declaration may be deemed unlawful.
A Prolonged Legal Battle Looms
When asked whether the lawsuit could turn into a prolonged legal battle, Martin Kpebu did not hesitate to affirm that the case is likely to go through multiple stages of litigation.
“Absolutely, this is where we are headed. This is a matter that the court has to go into. And if a party loses and is not happy, they are allowed to go to court on appeal. From the High Court, it can go to the Court of Appeal, and then from there, to the Supreme Court.”
Martin Kpebu Legal Practioner
Given the high-profile nature of the case and the legal implications for both the OSP and the former finance minister, Martin Kpebu suggested;
“Let’s give them the space and see. But the main thing we should be watching for is whether there was a court sanction for the declaration. Did the court say, ‘Yes, if you can’t find him, then go ahead’? That is what we need to establish.”
Martin Kpebu Legal Practioner
The legal standoff between Ken Ofori-Atta and the Office of the Special Prosecutor is not merely a battle over technicalities; it is a pivotal test of Ghana’s commitment to the rule of law, due process, and institutional accountability.
If the courts determine that the OSP acted without legal backing, it could serve as a crucial reminder that even the most well-intentioned anti-corruption efforts must operate within the confines of the law.
It would reinforce the principle that no institution—regardless of its mandate—can sidestep the judiciary in matters of fundamental rights and legal procedure.
On the other hand, if the OSP’s actions are upheld, it could embolden the agency and set a precedent for more assertive investigations into corruption and financial misconduct at the highest levels of government. Such a ruling would send a strong message that public officials, regardless of their status or former positions, are not beyond scrutiny and legal accountability.
However, this outcome would also raise concerns about potential overreach, making it imperative for future cases to strike a delicate balance between enforcing justice and respecting due process.
Beyond the immediate legal implications, this case has far-reaching political and governance consequences. It highlights the growing tension between accountability institutions and political actors, underscoring the need for clearer legal frameworks to guide the actions of agencies like the OSP. More importantly, it presents an opportunity for Ghana to reaffirm its commitment to justice, transparency, and the fundamental rights of all individuals.
Whether it ends in vindication or censure, one thing is certain; this is more than a lawsuit—it is a defining moment in the Ghana’s justice system.
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