Former Finance Minister Ken Ofori-Atta has taken legal action against the Office of the Special Prosecutor (OSP) and its head, Kissi Agyebeng, over what he describes as an unlawful declaration labeling him a “WANTED” person and a “fugitive from justice.”
Ofori-Atta, through his lawyer, Justice Kusi-Minkah Premo, filed a case at the Human Rights Division of the Accra High Court on March 13, 2025. He argues that the OSP’s actions violated his constitutional rights to personal liberty and free movement, as enshrined in Articles 14 and 21 of Ghana’s 1992 Constitution.
“The OSP has acted unfairly and capriciously when it continued keeping the Applicant’s picture as a WANTED PERSON on its website contrary to its publication by a PRESS RELEASE dated 18th February 2025 under the hand of the Special Prosecutor that the Applicant ceases to be a WANTED PERSON;” the document stated.
Why Is Ofori-Atta Suing the OSP?
The lawsuit stems from a press conference held by the Special Prosecutor on February 12, where Kissi Agyebeng declared Ofori-Atta “WANTED” and accused him of being a fugitive avoiding an ongoing corruption investigation. According to the OSP, the former minister had ignored an invitation to assist in probes into five corruption-related cases, including the controversial GRA-SML contract, the National Cathedral project, and the termination of an ECG contract with a Chinese firm.
Although Ofori-Atta’s lawyers had informed the OSP that their client was out of the country for medical reasons, the anti-corruption body went ahead with its declaration. Despite later stating that Ofori-Atta was no longer a wanted person, the OSP allegedly refused to remove his picture from its website, prompting the legal challenge.
What Is Ofori-Atta Demanding?
Ofori-Atta is asking the court to declare the OSP’s “WANTED” notice unlawful, arguing that the agency had no statutory power to make such a declaration without court approval. He contends that this action violated his fundamental human rights and should be overturned.
He is also seeking a ruling that the OSP acted unfairly and in violation of due process by making public statements instead of responding to legal letters from his lawyers through appropriate legal channels. According to him, the Special Prosecutor breached professional legal ethics by addressing legal concerns through press conferences instead of private legal correspondence.
Furthermore, he is asking the court to order the OSP to immediately remove his image from its website, stating that keeping his picture in the “WANTED” section even after announcing that he was no longer wanted is both unfair and unlawful.
Ofori-Atta is also requesting compensation for the damage caused by the OSP’s declaration, arguing that the public nature of the accusations has tarnished his reputation and infringed on his rights. Additionally, he wants the court to place an injunction on the OSP to prevent any future re-declaration of him as a fugitive, stating that such actions could further harm his image and personal freedoms.
OSP vs. Ofori-Atta: The Back-and-Forth
The legal battle is unfolding against the backdrop of an earlier incident where Ofori-Atta’s residence was allegedly raided on February 11. His lawyers sought clarity on whether the OSP was behind the operation. However, the Special Prosecutor suggested the raid was possibly staged to discredit his office.
Ofori-Atta, however, contends that it was a legitimate operation carried out by National Security operatives. He argues that the Special Prosecutor’s claim that the raid was staged turned out to be false, as subsequent reports confirmed that the operation was conducted by state security agencies. Even the Majority Leader in Parliament later apologized on behalf of the government, acknowledging that the operation was not connected to the OSP.
