Ken Ofori-Atta can be sick but still have to face the law – OSP

Sammy Darko is the Director of Strategy and Communication at the Office of the Special Prosecutor (OSP). He stated that former finance minister Ken Ofori-Atta can be sick but must still face the law.

Darko was quoted by JOY NEWS saying, “You can be sick but you still have to face the law.” His comment followed the Special Prosecutor's announcement about an INTERPOL red notice for Ofori-Atta. This notice could lead to international arrest and extradition.

Earlier, Darko explained that Ofori-Atta cannot give a caution statement via Zoom. He emphasized that Ofori-Atta has not been arrested by any law enforcement agency. Therefore, taking his statement through Zoom is not applicable.

Darko further clarified that a suspect cannot be arrested or questioned through Zoom. A caution statement can only be taken after a person is properly arrested. He noted some lawyers mistakenly treat Ofori-Atta as if he has been charged.

He also addressed trial in absentia under Article 19 (3) of the constitution. This article outlines conditions for such trials, which require an accused person to be arrested first. Darko referenced a case, Kwakye vs the Republic, emphasizing that defendants must generally be present during their trials.

The Special Prosecutor rejected Ofori-Atta’s request for a virtual session. Kissi Agyebeng stated that he must appear physically at the OSP office.

Agyebeng said, “This office has always requested his attendance.” He added they would not waive this requirement and insisted on physical presence for investigations.

Agyebeng concluded that suspects do not choose how investigations are conducted based on their convenience.