Ofori-Atta Dodges OSP

By Daniel Bampoe

Former Finance Minister, Ken Ofori-Atta will not appear in person before the Office of the Special Prosecutor (OSP) on Monday, June 2, 2025, as earlier demanded, The Daily Gist has reliably been informed.

This follows what his legal team has described as an “unexpected negative change” in his health condition, prompting a request for the interview to be conducted electronically in accordance with Ghana’s Electronic Transactions Act.

The latest development has triggered heightened tensions between Ofori-Atta and the OSP, which has warned of severe consequences should he fail to comply with the physical summons.

In a strongly worded statement issued on Sunday, the OSP threatened to reinstate the former minister on its list of wanted persons and to initiate processes for an INTERPOL Red Notice—an international alert that could lead to his arrest and extradition.

This directive is part of a broader investigation into multiple allegations of corruption and abuse of office during Ofori-Atta’s tenure as Finance Minister.

The cases include scrutiny over petroleum and minerals revenue assurance contracts, the controversial termination of an agreement involving the Electricity Company of Ghana and Beijing Xiao Cheng Technology (BXC), and financial irregularities linked to the National Cathedral project.

Additional areas under investigation are the procurement of ambulances by the Ministry of Health and the management of the Ghana Revenue Authority’s Tax P-Fund.

Background to the Standoff

The OSP first notified Ofori-Atta in January 2025 that he was under investigation in five separate corruption-related matters, with an initial summons for February 10.

However, his legal representatives informed the office that he was abroad for medical treatment with no fixed return date and offered to engage on his behalf.

The OSP rejected this arrangement, insisting that legal counsel could not substitute for the suspect in a criminal probe.

The standoff escalated after Ofori-Atta’s team submitted a vague medical note not addressed to any authority, prompting the OSP to declare him a fugitive from justice on February 12 and issue an arrest warrant.

It was not until February 18 that the former minister provided a specific timeline for his return in May 2025, leading the OSP to temporarily lift his “wanted” status in recognition of what it termed “significant cooperation.”

Legal Challenge

In March, Mr. Ofori-Atta initiated legal proceedings against the OSP and its head, Special Prosecutor Kissi Agyebeng, arguing that the fugitive declaration had violated his fundamental human rights.

He was seeking damages and the removal of his wanted notice from public records and the OSP’s social media platforms.

The Human Rights Court subsequently heard an interim application to prevent the OSP from reissuing any such declaration.

The court has scheduled June 18, 2025, to rule on the motion, a date that could determine whether the OSP proceeds with international steps against him.

Monday, June 2, now stands as a critical deadline.

The OSP has stated unequivocally that if Ken Ofori-Atta fails to appear in person, it will reinstate his status as a fugitive and begin the process for an INTERPOL Red Notice—effectively turning the matter into a global legal pursuit.

However, Ofori-Atta has indicated his willingness to participate in the OSP’s proceedings virtually, citing Ghana’s Electronic Transactions Act, which allows electronic means for certain legal processes, including the issuing of a cautioned statement.

Whether this virtual option will satisfy the OSP remains unclear. Legal analysts suggest the looming court ruling on June 18 could influence how far the OSP is willing to go in pursuing the former finance chief, especially amid concerns over due process and the balance between accountability and human rights.

Proxy War

Sources said the Special Prosecutor, Kissi Agyebeng is waging a proxy war, for an unnamed official of the OSP, hence the drama around Ofori-Atta’s arrest.

The development marks a significant turning point in the high-profile investigation that has drawn intense national attention over the past few months.

The OSP in early 2025 declared Ken Ofori-Atta a wanted person and a “fugitive from justice,” citing his failure to appear in person for questioning related to five active corruption and corruption-related investigations.

At the time, Ofori-Atta was said to be undergoing a medical review in the United States at the Mayo Clinic in Minnesota, a claim backed by correspondence from his legal representatives to both the OSP and the Chief of Staff.

On February 11, 2025, Ofori-Atta’s residence in Cantonments, Accra, was raided by a group of 12 armed men. CCTV footage later identified a man believed to be Richard Jakpa—a figure reportedly linked to National Security—as leading the raid.

Eyewitnesses claimed the men appeared to be searching for Ofori-Atta, likely suspecting he had returned to Ghana.

The Special Prosecutor, Kissi Agyebeng, distanced his office from the raid, suggesting it may have been staged or politically motivated.

Legal Pushback

In March, Ofori-Atta filed a lawsuit against the OSP, challenging both the legality of the declaration that labeled him a fugitive and the broader authority of the Special Prosecutor.

He argued that the OSP acted outside its constitutional bounds and violated his rights by using media briefings to pronounce him wanted.

In his court filings, Ofori-Atta asserted that the OSP lacked the statutory power to unilaterally declare someone wanted without a court’s authorization.

He described the move as a violation of his rights to liberty and freedom of movement under Ghana’s 1992 Constitution and various international human rights treaties, including the African Charter on Human and People’s Rights.

Among other reliefs, he is seeking a declaration that the OSP’s actions constituted reputational harm and a breach of due process.

He wants the court to bar the OSP from making further declarations against him until the legal proceedings are concluded.

Wanted’ Status Temporarily Withdrawn

In a statement released on March 17, 2025, the OSP acknowledged receiving a formal request from Ofori-Atta asking that his name be removed from the wanted list.

The former minister promised to appear in person for questioning on a definite date.

On this basis, the OSP agreed to suspend the ‘wanted’ status, contingent upon his personal appearance at their offices on Monday, June 2, 2025.

The OSP has warned that failure to comply with this agreement will trigger severe consequences.

Should Ofori-Atta miss the scheduled date, the OSP says it will restore his wanted status, initiate extradition procedures, and issue an Interpol Red Notice to facilitate his arrest abroad.

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