OSP vs Ofori-Atta: The law makes room for virtual engagement – Kpebu

Private lawyer Martin Kpebu has suggested that the Office of the Special Prosecutor (OSP) could engage former Finance Minister Ken Ofori-Atta virtually. This suggestion comes amid allegations against Mr. Ofori-Atta.

Mr. Ofori-Atta is unable to attend his scheduled appearance today, June 2. He is currently seeking medical treatment in the US due to ill health.

His legal team has informed both the OSP and the Human Rights Court about his situation. They provided medical reports detailing his diagnosis and upcoming surgery.

They have requested a virtual meeting so Mr. Ofori-Atta can respond to questions from the OSP. This situation has raised speculation about whether he will be labeled a wanted person again.

An earlier communication from the OSP indicated this possibility if he did not comply with today's summons.

Kpebu discussed this on Joy FM's Midday News, stating that alternative arrangements are possible but may take time. He noted that it requires following specific legal processes.

He explained that mutual legal assistance agreements between Ghana and the US could facilitate this process. Mutual legal assistance (MLA) allows countries to help each other in criminal matters, such as collecting evidence or obtaining testimonies.

The OSP plans to hold a press conference later today regarding Mr. Ofori-Atta's absence.

Meanwhile, Mr. Ofori-Atta is pursuing legal action at the Human Rights Court against a previous declaration by the OSP labeling him as wanted. A ruling on this matter is expected on June 18, 2025.

His application also requests that any social media posts branding him as a fugitive be removed. This case continues to attract significant public attention.

The OSP has broad powers to investigate corruption involving public officials in Ghana. An INTERPOL Red Notice would create international pressure for Mr. Ofori-Atta if issued.

Such a notice would restrict his travel and could lead to arrest in any member country of INTERPOL. The OSP's firm stance shows its commitment to combating corruption in Ghana.

The outcome of today's developments will significantly impact both Mr. Ofori-Atta's legal standing and Ghana’s fight against corruption.

Key Issues Under Investigation:

1. Petroleum and Minerals Revenue Assurance: Contracts between Strategic Mobilisation Ghana Limited and GRA.

2. Electricity Company Contract Termination: Termination of contract with Beijing Xiao Cheng Technology (BXC).

3. National Cathedral Project: Financial transactions related to procurement procedures for the National Cathedral.

4. Ambulance Procurement: Contract with Service Ghana Auto Group Limited for ambulances.

5. GRA Tax P-Fund Management: Handling of funds from GRA’s Tax P-Fund Account.


Timeline of Events:

- January 2025: The OSP notified Mr.Ofori-Atta he was a suspect in five cases.

- 31 January 2025: His lawyers informed the OSP he was abroad indefinitely for medical reasons.

- 5 February 2025: The OSP rejected claims of indefinite absence, demanding a return date by February 10.

- 10 February 2025: His lawyers submitted an unclear doctor’s note regarding tests and possible surgery.

- 12 February 2025: With no cooperation, the OSP declared him a fugitive based on an arrest warrant.

- 18 February 2025: He appealed for removal from the ‘Wanted List’ and provided a return date in May; his name was removed after assurance.


Legal Challenge:

- March 2025: Mr.Ofori-Atta filed a lawsuit against the OSP for unlawful declaration as wanted.

- 28 March 2025: The Human Rights Court heard an interim application asking that he not be declared wanted again.


Next Steps:

- 2 June 2025: Mr.Ofori-Atta must report in person to the OSP headquarters.

If he fails to appear, his name will be added back to the wanted list, leading potentially to another INTERPOL Red Notice request against him.