For the second time, the Office of the Special Prosecutor (OSP) has declared former Finance Minister Ken Ofori-Atta a wanted person. This latest declaration significantly intensifies Ghana’s already politically and legally charged environment. The OSP’s investigations focus on serious corruption allegations, including those linked to the highly controversial National Cathedral project and the revenue assurance contract with Strategic Mobilisation Ghana Ltd.
According to official OSP statements, Mr Ofori-Atta has repeatedly failed to comply with summonses. This alleged non-compliance, detailed in multiple press releases, led to his initial classification as a “fugitive from justice” in February.
Special Prosecutor Kissi Agyebeng has now confirmed the initiation of procedures to request an INTERPOL Red Notice for Mr Ofori-Atta, who is reportedly undergoing medical treatment in the United States.
Genesis of the Investigation
The OSP’s inquiry into Mr Ofori-Atta stems from multiple allegations of corruption and financial misconduct during his tenure as Finance Minister. These matters concern not only legality but also transparency and accountability—especially regarding financial transactions tied to the National Cathedral project and the Strategic Mobilisation Ghana Ltd. revenue assurance deal.
Originally envisioned as a national monument, the National Cathedral has been marred by allegations of cost inflation and controversial procurement practices. Similarly, the revenue assurance agreement with Strategic Mobilisation Ghana Ltd. has faced criticism for a lack of transparency and suspected financial misconduct.
These growing concerns prompted the OSP to launch formal investigations, which included issuing several summonses to Mr Ofori-Atta. His alleged failure to respond has led the OSP to escalate efforts to apprehend him, culminating in the request for an INTERPOL Red Notice.
Legal and Constitutional Dimensions
The OSP’s pursuit carries significant legal and constitutional implications. Article 14 of Ghana’s 1992 Constitution guarantees the right to due process, including the right to liberty, a fair hearing, and a speedy trial.
Mr Ofori-Atta’s legal team submitted medical documentation citing a recent cancer diagnosis and a deterioration in his health. They requested that he be allowed to provide a caution statement virtually under the Electronic Transactions Act. The OSP, however, rejected this request, citing the necessity of a physical appearance to ensure accountability and thorough investigation.
Mr Ofori-Atta’s health-related absence in the U.S. adds complexity to the case. Established under the Office of the Special Prosecutor Act, 2017 (Act 959), the OSP is mandated to investigate and prosecute alleged corruption independently. The insistence on Mr Ofori-Atta’s physical appearance reflects the office’s determination to uphold this mandate. The potential issuance of an INTERPOL Red Notice could damage Mr Ofori-Atta’s reputation both domestically and internationally.
Legal experts, including members of the Ghana Bar Association, note that while the OSP has the authority to issue summonses and conduct investigations, it must operate within constitutional parameters and respect individual rights. Whatever the outcome, this high-profile legal battle will be a critical test of the strength and impartiality of Ghana’s justice system.
Ofori-Atta’s Perspective
Through his lawyers, Mr Ofori-Atta is expected to argue that his health condition prevents him from responding to the OSP’s summonses. They may claim the OSP’s actions are politically motivated and that due process is being denied. His legal team will likely emphasise his respect for the law and his willingness to cooperate once his health permits.
OSP’s Rights and Possible Next Steps
Under Act 959, the OSP is legally empowered to subpoena individuals and may request an INTERPOL Red Notice. Steps the OSP could take include:
- Formal Extradition Request: If Mr Ofori-Atta is in the United States, the OSP can initiate extradition proceedings via the Attorney General’s Department and Ministry of Foreign Affairs. This requires detailed legal documentation outlining the charges and legal framework for extradition.
- INTERPOL Red Notice: This notice alerts INTERPOL’s 196 member countries to locate and provisionally arrest Mr Ofori-Atta pending legal action. It does not imply guilt but seeks cooperation in detaining the subject under international law.
- Diplomatic Channels: The OSP may also engage U.S. authorities through diplomatic means to facilitate legal cooperation.
- Legal Representation: U.S.-based legal counsel may be retained to navigate the extradition process and ensure adherence to U.S. laws.
Political Implications and Public Opinion
The political consequences of this development are immense. The ruling National Democratic Congress (NDC) is under pressure from the opposition New Patriotic Party (NPP), which may use the accusations to criticise the government’s record on corruption.
Public trust—central to democratic governance—is at risk. Allegations involving state funds, particularly on symbolic projects like the National Cathedral, could erode public confidence. While some may view the OSP’s actions as a bold step toward accountability, others will see them as politically charged. The public debate is expected to be polarising and intense, as Ghanaians demand transparency and justice.
NDC and NPP Perspectives
The NDC is likely to highlight this episode as further evidence of mismanagement and corruption, calling for transparency and possibly a public inquiry. The NPP, conversely, may defend Mr Ofori-Atta, citing his contributions to Ghana’s economy and questioning the OSP’s impartiality. Alternatively, they may focus on the importance of due process and the presumption of innocence.
Nonpartisan Observers
Nonpartisan voices, both domestic and international, will closely watch how this case impacts Ghana’s democratic credentials. They are expected to advocate for a fair and transparent investigation while urging respect for due process.
International Reputation and Moral Leadership
The implications of these allegations extend beyond national borders. Alleged misuse of public funds raises serious ethical concerns. The issuance of an INTERPOL Red Notice for a former senior official may be viewed internationally as either a strong anti-corruption stance or a sign of internal instability.
Multilateral organisations such as the IMF and World Bank often assess countries based on governance and the rule of law. The OSP’s case against Mr Ofori-Atta may feature in these evaluations, potentially influencing foreign aid and investment.
Due Process vs Accountability
This case underscores the delicate balance between due process and accountability. Mr Ofori-Atta is entitled to constitutional protections, including the presumption of innocence and consideration of his health. At the same time, the OSP is legally obligated to pursue credible allegations of corruption. The challenge lies in ensuring that justice is served without undermining legal rights. How this balance is maintained in the weeks ahead will significantly influence Ghana’s legal and political trajectory.
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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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