The Office of the Special Prosecutor (OSP) has redeclared former Finance Minister Ken Ofori-Atta a “fugitive of justice” and reactivated his status on the national red alert list.
The Special Prosecutor, Kissi Agyebeng, made this revelation during a media briefing, where he expressed deep frustration over Mr. Ofori-Atta’s continued failure to appear in person before the OSP for questioning, particularly in connection with the controversial Strategic Mobilisation Ghana Limited (SML) deal.
“What is so special about Mr. Ofori-Atta that he thinks he can lie in bed somewhere and say, on his own authority and without evidence, that he is unwell and cannot show up?
“He will not come voluntarily, and so we end this process of accommodating him, and we put him back on the wanted list.”
Kissi Agyebeng, Ghana’s Special Prosecutor
This renewed stance by the OSP comes after Mr. Ofori-Atta’s legal team submitted a formal request asking the office to allow their client to undergo a virtual interrogation, citing health concerns.
The OSP, however, refused the request outright, stating unequivocally that only a physical appearance would be accepted. According to the Special Prosecutor, a letter dated May 30, 2025, was sent to Mr. Ofori-Atta’s lawyers, formally declining the offer of a video-recorded interview.
“This office has always insisted on his personal attendance, and we have indicated clearly to him that we are unwilling to waive it,” he emphasised. He further argued that had the OSP been open to remote interviews, it would have conducted one back in February and would not have waited until June.
Mr Agyebeng was adamant that suspects in criminal investigations cannot dictate how investigative processes are conducted.
“A suspect in a criminal investigation does not pick and choose how the investigative authority should conduct its investigation and the methods suitable to him and his convenience. We will not countenance such conduct—not in this case or any other case”.
Kissi Agyebeng, Ghana’s Special Prosecutor
Adding another layer to the standoff, Mr. Ofori-Atta’s lawyers had submitted a biopsy report to the OSP, presumably to support the claim of their client’s ill health.
However, the Special Prosecutor claimed he had not reviewed the report because the lawyers had not officially communicated that their client was a travel risk.
He described the submission as an act of “utter bad faith,” asserting that it confirmed a longstanding suspicion that Mr. Ofori-Atta had no intention of voluntarily returning to Ghana to face questioning.
Mr Agyebeng warned that if Mr. Ofori-Atta continues to refuse to cooperate, the OSP would proceed to prosecute him in absentia. “We want him here physically, and we insist on it,” he reiterated, hinting at legal proceedings that could go on without the physical presence of the accused.
Counter Response
In response, legal counsel for the former Finance Minister, Frank Davies, issued a scathing rebuttal. Mr Davies took issue with the tone and language used by the Special Prosecutor, particularly comments that appeared to mock the health status of Mr. Ofori-Atta.
“He should stick to his core duties as a Special Prosecutor and as a trained lawyer. I don’t know when he became a medical practitioner to be giving interpretations to biopsy tests”.
Frank Davis, Legal Practitioner
The lawyer condemned what he described as undignified and unprofessional language from the Special Prosecutor, referencing a particular remark by Mr Agyebeng questioning whether Mr. Ofori-Atta was “going to die tomorrow.”
According to Davies, such language does not befit a public officer. “I don’t think that is intelligent enough,” he lamented. Davies further challenged the Special Prosecutor to go ahead and do whatever he deems appropriate, including arresting Mr. Ofori-Atta if he so wishes.
“The OSP knows where Mr. Ofori-Atta is. He can go for him—we have no problem with that,” he stated. He also signalled the readiness of the legal team to meet the OSP in court, should the matter proceed to trial.
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