Long before the current constitutional challenge reached the Supreme Court, there were signs that all was not aligned between the Office of the Special Prosecutor and the Office of the Attorney-General.
In the unfolding legal situation involving former Finance Minister Ken Ofori-Atta, the two institutions at different points appeared to operate on parallel tracks, raising questions about coordination, authority, and control in matters of prosecution. What once seemed like isolated tension now assumes greater significance in light of the Attorney-General’s stance in the ongoing Supreme Court case.
At the centre of it all is Ken Ofori-Atta.
A Case Built on Shifting Ground
The former minister is currently facing legal pressure on multiple fronts.
Domestically, he is the subject of criminal proceedings reportedly initiated by the Office of the Special Prosecutor, involving numerous charges. Internationally, he is entangled in extradition processes in the United States.
Yet both tracks intersect at a critical point. They are tied, directly or indirectly, to the authority of the very institution now under constitutional scrutiny.
A pending case before the Supreme Court challenges the legality of the Office’s prosecutorial powers. In an unusual twist, the Attorney-General’s submissions in that case appear to align, in substance, with the plaintiff’s central argument that prosecutorial authority under the Constitution is vested exclusively in the Attorney-General. If that position is upheld, the consequences could be far-reaching.
The Interpol Signal
There is already a glimpse of how these arguments may play out beyond Ghana’s borders.
At one point, an Interpol Red Notice issued in connection with the former minister was withdrawn after review. The basis for that decision was significant. It was found that the notice may have offended Interpol’s rule on political neutrality, a principle that prevents the organisation from engaging in matters of a political character.
Where a case is assessed as bearing a predominantly political dimension, it falls outside Interpol’s mandate.
In this instance, the notice was considered to have been tainted by political considerations.
The Political Offence Barrier
That development aligns with a long-standing principle in extradition law. Under Ghana’s Extradition Act, section 4 prohibits the extradition of a person where the offence is of a political nature, or where the request for surrender is made with a view to prosecuting or punishing the person on account of political considerations.
This rule operates as a safeguard. It ensures that extradition processes are not used as instruments of political persecution.
A Defence Taking Shape
Against this background, two strands of argument appear to be converging.
On one hand, the Office of the Special Prosecutor is facing a constitutional challenge, with the Attorney-General himself questioning the scope of its prosecutorial authority.
On the other, the former minister’s legal team has consistently framed the proceedings against him as politically motivated.
Together, these developments may strengthen a defence built on the claim that the prosecution is not merely contested, but compromised. If the institution bringing the charges is itself under constitutional doubt, and if elements of the process have already been flagged internationally as politically sensitive, it raises a difficult question for any court considering extradition.
Will He Walk Free?
It is too early to predict the outcome. Extradition proceedings are governed by their own legal standards, and courts will ultimately examine the evidence, the nature of the charges, and the applicable legal framework.
However, the stakes are unmistakable. A finding that the Office of the Special Prosecutor was unconstitutionally empowered could weaken the legal foundation of its prosecutions. Combined with arguments of political motivation, it may complicate efforts to secure extradition.
Whether that translates into the former minister avoiding surrender remains to be seen.
More Than One Man’s Case
What is unfolding is larger than the fate of any single individual.
It is a moment in which constitutional law, criminal prosecution, and international legal principles intersect. A moment in which the structure of Ghana’s anti-corruption framework is being tested, not only at home but in how it is perceived abroad.
