A legal battle is brewing between former Finance Minister, Ken Ofori-Atta and the Office of the Special Prosecutor (OSP).
Ofori-Atta who was declared wanted by the Special Prosecutor, Kissi Agyebeng has filed a lawsuit against the OSP and its head.
The lawsuit stems from the OSP’s decision to declare Ofori-Atta a wanted person in February 2025, citing his failure to honour invitations for questioning about ongoing corruption investigations especially relating to the botched National Cathedral project and the SML deal with the Ghana Revenue Authority, GRA.
Background
The OSP had been investigating Ofori-Atta’s involvement in certain financial transactions during his tenure as Finance Minister.
As part of the investigation, the OSP had invited Ofori-Atta who is currently in the United States for questioning on multiple occasions.
However, Ofori-Atta’s lawyers claim that he had cooperated with the investigative body through his legal representatives and had informed the OSP of his health challenges, including preparations for a major medical procedure.
Despite this, the OSP declared Ken Ofori-Atta a fugitive without any court warrant, stating that his failure to honour the invitations demonstrated a lack of seriousness regarding the ongoing investigation.
This arbitrary and whimsical action by the Special Prosecutor has led the former minister to go to court.
The OSP’s declaration was made public, and Ofori-Atta’s name was published on its website as a wanted person.
Ofori-Atta’s Lawsuit
Ofori-Atta’s argues that the OSP’s declaration was unlawful and has caused significant damage to his reputation and personal life.
He is seekung an injunction to prevent Kissi Agyebeng from reissuing the declaration, as well as compensation for the damages caused by the announcement.
Ofori-Atta’s lawyers argue that the OSP’s actions were arbitrary and capricious and that the declaration was made without due process.
They claim that the OSP failed to provide Ofori-Atta with adequate notice of the investigation and failed to provide him with an opportunity to respond to the allegations.
The lawsuit also argues that the OSP’s declaration has caused irreparable reputational harm and stress to Ofori-Atta and that the declaration was unjustified.
Ken Ofori-Atta’s lawyers are seeking a declaration from the court that the OSP’s actions were unlawful and that Ofori-Atta’s rights were violated.
Implications
The outcome of the lawsuit will be closely watched, as it has significant implications for the rule of law and the protection of individual rights in Ghana.
The case raises important questions about the limits of the Special Prosecutor’s authority and the need for due process in investigations.
If the court rules in favour of Ofori-Atta, it could set a precedent for future cases involving the OSP and other investigative bodies.
The case is expected to be closely followed by legal experts, politicians, and the general public, as it has significant implications for the rule of law and the protection of individual rights in Ghana.
-BY Daniel Bampoe
