–By Nadia Ntiamoah
The family of Ghana’s former Finance Minister, Ken Ofori-Atta, has accused the Office of the Special Prosecutor (OSP) of abusing its administrative authority and violating fundamental human rights in its ongoing case against the former minister.
In a strongly worded press release dated June 9, 2025, the family condemned the OSP’s recent efforts to brand Ofori-Atta a fugitive and initiate an INTERPOL Red Notice, despite pending court proceedings and the former minister’s serious health challenges.
Controversial Case
In February 2025, the OSP publicly declared Ken Ofori-Atta “wanted,” following the issuance of an arrest warrant accusing him of “using public office for private profit.”
The warrant, dated February 11, was allegedly obtained under unusual circumstances, without the standard supporting affidavit.
According to the family, the legal basis and procedural integrity of the arrest warrant remain contested in court.
That public declaration triggered a legal backlash. Ofori-Atta filed a suit at the Human Rights Court in Accra, challenging the lawfulness of the media briefing used to label him a fugitive.
The case, which hinges on whether the OSP violated Ofori-Atta’s constitutional rights—including liberty, freedom of movement, and the right to health—is scheduled for ruling on June 18.
Despite this pending legal process, the OSP, on June 2, held another press conference reaffirming that Ofori-Atta was a fugitive and had evaded justice.
It was at this event that the Special Prosecutor announced the INTERPOL Red Notice—an international alert typically reserved for serious fugitives.
Family’s Response
In their statement, Ofori-Atta’s family strongly denied the implication that he is fleeing from justice.
Rather, they allege the Special Prosecutor has shown a reckless disregard for due process and human dignity.
The family emphasized that the former minister has been receiving medical treatment at the Mayo Clinic in the United States since 2021, after being diagnosed with Post-COVID Multisystem Inflammatory Syndrome.
More recently, a biopsy conducted on March 21, 2025, confirmed he has cancer, and a surgery has been scheduled for June 13.
Despite notifying the OSP of this diagnosis and requesting a Video Recorded Interview (VRI) as an alternative to in-person questioning—a method permitted under Ghanaian law—the OSP declined the offer.
According to a letter from the OSP dated May 30 and delivered on June 2, the office “declines your offer of video recorded interview… and we have indicated clearly that we are unwilling to waive [in-person attendance].”
The family claims this decision demonstrates a lack of fairness and reasonableness, particularly given Ofori-Atta’s medical condition.
“This unwillingness… after confirmation of cancer… fits the colour of capriciousness,” the statement said.
Legal Action Against INTERPOL Red Notice
The family also announced they have applied for the removal of the INTERPOL Red Notice through the National Central Bureau and the Commission for the Control of INTERPOL’s Files (CCF).
They questioned whether the OSP disclosed key facts—such as Ofori-Atta’s health status, ongoing court hearings, and surgical appointments—to INTERPOL authorities.
According to the family, failure to disclose these facts could constitute a breach of Articles 2 and 3 of INTERPOL’s constitution, which prohibit actions inconsistent with the Universal Declaration of Human Rights.
Allegations of Political Persecution
Beyond procedural errors, the family suggested that the OSP’s actions are politically motivated.
They described the re-posting of Ofori-Atta’s “Wanted” poster as a “premeditated theatrical stunt” designed to publicly embarrass a man scheduled for cancer surgery.
“The Special Prosecutor’s actions fit into the definition of vendetta… making the destruction of life a sport for political audiences,” the statement alleged.
The family listed several specific grievances against the OSP, including:
1. Suppression of evidence
2. Denial of reasonable accommodations
3. Disregard for judicial proceedings
4. Breach of administrative justice
5. Violation of professional ethics
They further defended Ofori-Atta’s track record, citing his full cooperation in past investigations, including a Parliamentary censure motion, a CHRAJ inquiry, and a case before the ECOWAS Court.
In all instances, they said, he was cleared of wrongdoing.
Awaiting Surgery and Return
The family reiterated that Mr. Ofori-Atta is not evading justice. He had initially planned to return to Ghana by May 30 but had to remain in the U.S. following the biopsy results confirming his cancer diagnosis.
Once he recovers from surgery, they confirmed, he will return to face the OSP in person.
“In each instance of scrutiny, Mr. Ofori-Atta has stood firm, defended his actions, and emerged acquitted in full view of our nation.
To suggest he is running from justice is both out of character and patently false,” the statement read.
What Lies Ahead
The Human Rights Court is expected to rule on June 18, a verdict that could influence how the OSP proceeds.
Meanwhile, the international legal community—including INTERPOL’s oversight body—may weigh in on whether the Red Notice complies with international legal standards.
The OSP has yet to issue a formal response to the allegations laid out by the Ofori-Atta family.
Until then, a complex and highly politicized legal standoff continues to unfold, with implications for rule of law, due process, and political accountability in Ghana.
