Former Finance Minister Ken Ofori-Atta has taken legal action against the Office of the Special Prosecutor (OSP), challenging its decision to declare him a “wanted” man and a “fugitive from justice.”
The lawsuit, filed at the Human Rights Division of the High Court, argues that the OSP acted beyond its legal mandate by making such declarations through a media briefing, rather than following due legal process. Ofori-Atta contends that the move violated his fundamental human rights, including his personal liberty and freedom of movement, as guaranteed under Ghana’s 1992 Constitution and international human rights laws.
Ofori-Atta’s legal team is seeking multiple declarations from the court, including:
- The OSP lacks the legal authority to declare an individual wanted through a press briefing, as such actions fall under police jurisdiction and require court approval.
- The OSP’s actions exceeded its statutory powers, breaching provisions of the Office of the Special Prosecutor Act, 2017 (Act 959) and the Office of the Special Prosecutor (Operations) Regulations, 2018 (LI 2374).
- His public listing as a “wanted” individual was unlawful and defamatory, causing damage to his reputation and personal freedoms.
- The OSP failed to follow legal protocols, including issuing formal legal correspondences to his lawyers rather than responding through media statements.
The former Finance Minister is asking the court for the following:
- The immediate removal of his image and details from the OSP’s Wanted List.
- Compensation for reputational damage and harm caused by the public declaration.
- A formal response from the OSP regarding outstanding legal matters related to the investigation.
- A detailed listing of any relevant documents required for the investigation, to be provided to his legal representatives.
- A court injunction preventing the OSP from re-declaring him wanted or a fugitive from justice.
The Special Prosecutor, Kissi Agyebeng, declared Ken Ofori-Atta wanted last month, citing his alleged failure to cooperate with an ongoing investigation into corruption and corruption-related offenses. However, Ofori-Atta maintains that the OSP’s actions were legally flawed and that he has not evaded justice.
The case is expected to set a legal precedent on the OSP’s powers and the proper procedures for declaring individuals wanted in Ghana.
