The Manhyia South MP says the strength of the Special Prosecutor’s case against former Finance Minister Ken Ofori-Atta is questionable if it cannot proceed without his physical presence.
Nana Agyei Baffour Awuah argues that the legal basis for building a case does not require the accused’s cooperation and that insisting on it may expose the fragility of the entire probe.
Speaking on Joy News’ PM Express, the MP said the law allows prosecutions to move forward without an accused being present at the early stages.
“When you look at Act 30, they don’t need his arrest before proceeding against him,” he said. “In fact, they don’t need his presence before arresting him.”
He posed a question: “If the presence of Ken Ofori-Atta is necessary for determining a prima facie case in the whole investigation, then clearly the case of the OSP against Ken Ofori-Atta is weak. Because it would then seem that without Ken Ofori-Atta making an input into the investigations, they cannot proceed.”
The MP reminded viewers that under Ghana’s Constitution, no one is obliged to help build a case against themselves.
“Don’t forget, Ken has a right not to incriminate himself. So he has a right to remain silent,” he said.
“So what if you arrest him for the purposes of an interview, and he says he will not talk? Is it the case that then you cannot proceed because he decides to keep quiet?”
Nana Baffour Awuah warned that the OSP may be using the wrong strategy. He said results matter more than drama.
“The approach ought to vary,” he said. “Even if you want to arrest him, bait him.”
He used a proverb to illustrate his point. “There is a proverb in Twi which translates that if a dishonest person wants to race with you, tell him to take the lead,” he said.
“It seems that Ken and his lawyers have been dictating the pace. You are an investigative body.”
He suggested that the OSP should be more tactical and less combative.
“There are times when investigating bodies pretend to tag along and not show force or authority necessarily. They can pretend to tag along. Before you realise, they’ve hanged you on a gallows.”
He believes the Special Prosecutor’s approach needs to be more calculated.
“And that is why I think that approach adopted by the OSP, for me, needs to be varied in the public interest. For the purposes of getting us results.”
The MP’s comments come as the debate grows over the OSP’s decision to declare Ken Ofori-Atta wanted.
Critics say the move was aggressive and unnecessary, while others argue it reflects a commitment to accountability.
But for Baffour Awuah, the test is whether the investigation can stand on its own without the former minister’s participation. “If it can’t, that’s a problem,” he said.
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