The Office of the Special Prosecutor (OSP) has clarified that discussions about trying former Finance Minister Ken Ofori-Atta in absentia are premature, insisting that key legal requirements have not yet been satisfied.
According to the OSP, the constitutional process for conducting a trial in the absence of an accused person can only begin after the individual has been formally served with court documents and given proper notice of the proceedings.
In an explainer issued by the OSP’s Director of Strategy, Research and Communications, Sammy Darko, the anti-corruption agency stressed that the filing of criminal charges alone does not automatically pave the way for a trial in absentia.
“Trial in absentia is not triggered by the mere filing of charges. It is triggered when a person who has been properly charged and properly notified of the proceedings refuses to come before the court,” Mr Darko explained.
He noted that Article 19(3) of Ghana’s Constitution requires an accused person to be “duly notified” before any trial can proceed in their absence, adding that such notification must follow strict legal service procedures.
Mr Darko rejected suggestions that informal methods of communication could satisfy the constitutional requirement, stressing that social media messages, phone calls, or notifications through lawyers do not amount to proper service under the law.
The OSP disclosed that although a Ghanaian court has authorised service of the charges on Mr Ofori-Atta in the United States, the process remains incomplete because official proof that the documents have been served has not yet been returned through the required legal channels.
According to the agency, once proof of service is received and filed before the court, Mr Ofori-Atta must still be given a reasonable opportunity to appear before any consideration is given to conducting proceedings in his absence.
The clarification comes amid growing public discussion over the former minister’s legal situation and whether Ghanaian authorities could proceed without his physical presence in court.
Mr Darko further noted that the case is also affected by a pending matter before the Supreme Court concerning aspects of the OSP’s prosecutorial powers, which could influence the direction of the proceedings.
The OSP maintains that until all constitutional and procedural requirements are fulfilled, the question of trying Mr Ofori-Atta in absentia does not arise.
