OSP responds as Ofori-Atta drags things out with lawsuit

The former Ghana Minister of Finance wanted by the Office of Special Prosecutor (OSP) to answer to corruption and corruption related charges has sued the OSP.

Mr Ken Ofori-Atta filed a lawsuit against the OSP following its decision to declare him wanted, and he is seeking an injunction to prevent the OSP from reissuing the declaration, which he claims is baseless and unjustified.

Late last year, the OSP declared him a fugitive when he was unavailable in the country to answer the charges. Mr Ofori-Atta had said he was abroad seeking medical care and would be away indefinitely.

He had also said he was cooperating with the OSP through his lawyers.

In the suit against the OSP, Ofori-Atta argues that the OSP’s actions have caused significant damage to his reputation and personal life.He is therefore asking the court to restrain the OSP from making any further declarations against him until the legal process is fully resolved.

Among other things he is seeking a declaration that;

“a.) The OSP has no statutory powers to use Media Briefing to declare a person WANTED or “fugitive from justice”;

b.) The OSP has no powers other than what is provided for the police to declare a person wanted and same cannot be done without leave of the Court;

c.) The Office of the Special Prosecutor, in exercising the powers of the police as provided for under Section 28 of the Office of the Special Prosecutor Act, 2017 (Act 959), and the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374), is bound by the limits placed on the exercise of discretionary power as enshrined in the Service.

Instructions of the Police Service, under Article 200, and consistent with Article 296 of the Constitution 1992;

d.) The unlawful declaration of the Applicant as “WANTED” or “fugitive from justice” constitutes violation of his right of personal liberty as enshrined in Articles 14 of the 1992 Constitution; and right of free movement enshrined in Article 21 of the 1992 Constitution, Article 12 of the International Covenant on Civil and Political Right (ICCPR) as well as Article 12 of the African Charter on Human and People’s Rights (AfCHPR);

e.) Any act of the Office of the Special Prosecutor as a State Agency that violates the Applicant’s human rights will amount to a breach of Ghana’s international treaty obligations under the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights.”

In its response the OSP acknowledged the law suit, indicating that Mr Ofori-Atta has formally requested the OSP to remove his name from the OSP’s list of wanted persons with the assurance to the OSP that he would make himself available for questioning on a definite date.

“The OSP, in good faith and on the basis of Mr. Ofori-Atta’s assurance, granted his request and removed his name from the OSP’s list of wanted persons pending his personal attendance,  at the OSP on the definite date.

“Mr. Ofori-Atta is mandatorily required to appear in person before the OSP on 2 June 2025. If Mr. Ofori-Atta fails to attend the OSP on the scheduled date, he shall be re-entered on the OSP’s list of wanted persons and the OSP shall consider him a fugitive from justice, whereupon the OSP will cause the issuance of an Interpol Red Notice in his regard and also cause the initiation, of extradition proceedings in any jurisdiction in which he may be found,” the OSP said in a statement.

In concluding the OSP said it remains unwavering in its commitment to enforcing the law and ensuring that Mr Ofori-Atta answers for his role as the prime suspect in five ongoing corruption and corruption related investigations.

By Emmanuel K Dogbevi

The post OSP responds as Ofori-Atta drags things out with lawsuit appeared first on Ghana Business News.

Read Full Story