The Office of the Special Prosecutor (OSP) is facing mounting scrutiny following its announcement that former Finance Minister Ken Ofori-Atta has been re-entered onto Interpol’s red alert list as a wanted person for alleged corruption-related offences committed during his tenure under the immediate past New Patriotic Party (NPP) government.
The move, which the OSP claims is a step toward seeking international cooperation for his extradition, has provoked sharp criticism from diplomatic and legal quarters.
Prominent International Relations and Diplomacy expert, Mr. Farouk Al-Wahab, has openly questioned the legality and procedural legitimacy of the OSP’s red alert notice.
He cautioned that such actions without proper diplomatic and legal backing are not only futile but also risk tarnishing Ghana’s reputation in global law enforcement circles.
In a strong critique, Mr. Al-Wahab explained that the issuance of an Interpol red alert is not a unilateral process that a domestic anti-graft agency can trigger without coordination and approval from multiple jurisdictions.
“Interpol Ghana, they cannot go to Interpol France, head office and tell them we are declaring Ken Ofori Atta as a wanted fugitive and that Ghana is looking for him. Ken Ofori-Atta is not on Interpol red alert”.
Mr. Farouk Al-Wahab
According to him, the former finance minister is currently residing in another jurisdiction legally and cannot be deemed a fugitive without due process.
Procedural Backing
Mr. Al-Wahab emphasised that unless Interpol Ghana can convincingly demonstrate, through legal documentation and procedural backing, that Ofori-Atta is a legitimate fugitive, any red alert claim will remain invalid beyond Ghana’s borders.
“Ghana Interpol is supposed to submit the document, and the question would be – Is it a document coming from a court? In this case, the answer is no. Is it coming from an agency that sees itself as a court?
“What has he done? Has he been tried in Ghana? Did he run away from jail, or did he run away after being judged or sentenced? The answer to any of them is no”.
Mr. Farouk Al-Wahab
He further described the OSP’s public announcement as premature and misleading. According to him, the Office of the Special Prosecutor, though mandated to investigate and prosecute corruption and related offences, does not wield the same legal weight internationally as a court of law.
Extradiction Challenges
On the matter of extradition, the international relations expert warned that the OSP should tread cautiously and ensure it does not overstep its legal bounds.
He pointed out that Ghana currently has no active extradition treaty with the United States that covers anti-corruption offences.
“The fact that you are an anti-graft office or commission in Ghana does means you can declare anybody wanted in another jurisdiction, especially when he is in America. How many extradition pacts do we have with America? We have only two, which cover cases of drugs, murder.”.
Mr. Farouk Al-Wahab
Al-Wahab cited similar cases across the world where red alerts issued against high-profile individuals have had little effect due to weak documentation, lack of bilateral treaties, or political considerations.
Taking a broader geopolitical perspective, the expert noted that many African governments, including those in West Africa, have deliberately avoided signing extradition treaties that could be easily activated in political or financial crime cases, primarily to protect political elites who often siphon funds into foreign bank accounts.
He suggested that this reality further weakens the OSP’s case if it fails to secure Ghana’s diplomatic machinery and legal instruments behind its efforts.
He concluded by advising the Special Prosecutor to concentrate on pursuing domestic legal avenues unless all international legal and treaty-based protocols are adequately followed.
“If there is indeed a case against Ken Ofori-Atta, then it can only hold domestically — unless the OSP meets every requirement for his legitimate extradition. Otherwise, it remains an empty threat,” Mr. Al-Wahab stated.
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