Private legal practitioner Martin Kpebu has suggested that it would not be out of place for the Office of the Special Prosecutor (OSP) to engage former Finance Minister Ken Ofori-Atta virtually over some allegations levelled against him.
Mr Ofori-Atta is expected to miss his scheduled appearance before the OSP today, June 2, due to ill health as he seeks medical attention outside Ghana in the US.
His legal team has since informed both the OSP and the Human Rights Court, furnishing medical reports that detail his diagnosis and outline forthcoming surgical procedures.
Subsequently, they requested an audience via electronic means to provide an opportunity for Mr Ofori-Atta to respond to queries by the OSP.
The development has reignited speculation about whether the OSP, led by Special Prosecutor Kissi Agyebeng, will once again label Mr Ofori-Atta a wanted person.
An earlier communication from the OSP hinted at the likelihood of such a move if the former minister failed to comply with the June 2 summons.
Commenting on the development, Mr Kpebu told Maame Esi Nyamekye Thompson on Joy FM’s Midday News today that the alternative arrangement is possible, although it requires various processes which could take some time.
“Yes, subject to a number of conditions,” Mr Kpebu responded if the law makes such provisions. “Legally, it can be done.”
The processes must be followed, which might take some time because “it is not a one-day affair”, he added.
He explained that it could be done through a mutual legal assistance agreement between Ghana and the US, where Mr Ofori-Atta is seeking treatment.
Mutual legal assistance (MLA) is a system of international cooperation where countries agree to assist each other in criminal and civil matters, such as collecting evidence, obtaining testimonies, and enforcing judgments.
This assistance is provided through government-to-government channels, as outlined in Mutual Legal Assistance Treaties (MLATs).
Meanwhile, the OSP is expected to hold a press conference later today to announce the next line of action following the inability of Mr Ofori-Atta to appear physically.
READ ALSO: Lawyer urges Ken Ofori-Atta to submit to OSP investigation amid public concern
At the same time, Mr Ofori-Atta is pursuing legal redress at the Human Rights Court, challenging a prior declaration by the OSP, which listed him as wanted.
That matter is now awaiting a judicial ruling scheduled for June 18, 2025. The OSP, in a post on its official X (formerly Twitter) account on May 28, confirmed:
“The Human Rights Court has adjourned to 18 June 2025 for a ruling on a motion filed by former Finance Minister Kenneth Ofori-Atta, seeking to restrain the Office of the Special Prosecutor (OSP) from declaring him wanted, among other reliefs.”
Mr Ofori-Atta’s legal application further requests that the OSP be compelled to delete any social media posts branding him as a fugitive.
This development escalates a high-profile case that has gripped public attention.
The OSP, under its mandate to combat corruption in Ghana, possesses broad powers to investigate and prosecute offences involving public officials.
An INTERPOL Red Notice, a global alert to seek the location and arrest of a person wanted for prosecution or to serve a sentence, would place immense international pressure on the former minister.
Such a notice would be circulated to all 196 INTERPOL member countries, significantly restricting his international travel and potentially leading to his arrest in any jurisdiction.
The OSP’s uncompromising stance signals a determined effort to pursue all avenues in its anti-corruption drive.
The outcome of Monday’s deadline is now keenly anticipated, with profound implications for both Mr. Ofori-Atta’s legal standing and Ghana’s ongoing fight against corruption.
Key Issues Under Investigation:
- Petroleum and Minerals Revenue Assurance:
Contractual arrangements between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority (GRA). - Electricity Company Contract Termination:
The termination of a contract between the Electricity Company of Ghana and Beijing Xiao Cheng Technology (BXC). - National Cathedral Project:
Procurement procedures and financial transactions related to the National Cathedral. - Ambulance Procurement:
A Ministry of Health contract with Service Ghana Auto Group Limited for purchasing and maintaining 307 ambulances. - GRA Tax P-Fund Management:
Handling and disbursement of funds from the Tax P-Fund Account of the GRA.
Timeline of Events
- January 2025:
The OSP officially notified Mr Ofori-Atta that he was a suspect in five separate cases and asked him to appear in person on 10 February 2025.
- 31 January 2025:
His lawyers informed the OSP that he was abroad indefinitely for medical reasons, and offered to represent him in his absence.
- 5 February 2025:
The OSP rejected the claim of indefinite absence and demanded a firm return date by 10 February 2025, warning of legal consequences for failure to comply. It also reminded that legal representatives cannot respond to criminal charges on behalf of clients.
- 10 February 2025:
His lawyers submitted a doctor’s note (not addressed to anyone specific) stating he was undergoing tests and possibly surgery, with no clear return date.
- 12 February 2025:
With no cooperation, the OSP declared Mr Ofori-Atta a fugitive from justice, acting on an arrest warrant.
- 18 February 2025:
Mr Ofori-Atta appealed to the OSP to remove his name from the ‘Wanted List’ and, for the first time, provided a definite return date in May 2025. The OSP accepted his assurance and subsequently took his name off the list
Legal Challenge
- March 2025:
Mr Ofori-Atta filed a lawsuit against the OSP and the Special Prosecutor, seeking compensation for what he called an unlawful declaration of him as wanted, and asked for the removal of related publications from the OSP’s social media.
- 28 March 2025:
The Human Rights Court heard an interim application from Mr Ofori-Atta, asking that the OSP be barred from declaring him wanted again.
Next Steps
- 2 June 2025:
Mr Ofori-Atta is expected to report in person to the OSP headquarters.
- The OSP has stated that if he fails to appear, his name will be added back to the list of wanted persons and he will again be declared a fugitive from justice.
In such case, the OSP will also begin the process to request an INTERPOL Red Notice against him.
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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
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