Ken Ofori-Atta sues Special Prosecutor

Former Finance Minister, Ken Ofori-Atta, has taken legal action against the Office of the Special Prosecutor (OSP) and its head, Kissi Agyebeng, accusing them of unlawfully declaring him a wanted person. The lawsuit, filed at the Accra High Court on March 13, 2025, seeks compensation for alleged violations of his fundamental rights and a declaration that the OSP’s actions were unjust.

The declaration and its aftermath

On February 12, 2025, the OSP publicly announced that Ofori-Atta was a fugitive from justice, citing his failure to attend questioning in connection with an ongoing corruption investigation. The Special Prosecutor’s office claimed that Ofori-Atta’s absence was hindering its ability to proceed with its work, prompting the release of the public notice in an attempt to locate and apprehend him.

However, Ofori-Atta’s legal team argues that the declaration was made without due consideration of his circumstances. According to his lawyers, Ofori-Atta had not deliberately evaded the authorities but had been struggling with serious health issues, including the need for a major medical procedure. They assert that these health concerns had been communicated to the OSP prior to the declaration being made.

Reputation and rights at stake

The legal battle centers around allegations of reputational harm and the violation of Ofori-Atta’s fundamental rights. Despite the OSP removing his name from the wanted list on February 18, 2025, following his assurance that he would return to Ghana, his legal representatives argue that the initial public declaration caused significant stress and damage to his reputation. The details of the case remain on the OSP’s website, further exacerbating the situation.

Ofori-Atta is seeking a court ruling to declare that the OSP’s actions breached his right to dignity, fair treatment, and administrative justice. Additionally, his legal team is demanding compensation for the damages caused by the public announcement and the subsequent harm to his reputation.

A case that tests the limits of power

The lawsuit is set to explore the boundaries of the Special Prosecutor’s authority, particularly in terms of publicly labeling individuals as fugitives. The case is seen as a critical test of the OSP’s powers, especially when such declarations are made in situations involving serious health concerns.

As the legal process unfolds, the question of whether the Special Prosecutor overstepped its authority by prematurely branding Ofori-Atta a fugitive remains at the heart of the case. With significant implications for how future cases involving public declarations are handled, this lawsuit is poised to set an important precedent in Ghana’s legal and political landscape.

Read the full suit filed

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