Accra: The Office of the Special Prosecutor (OSP) has confirmed that Kenneth Ofori-Atta, the former finance minister, has filed a lawsuit challenging its earlier declaration labeling him a wanted person and fugitive. Mr. Ofori-Atta has formally requested the OSP to remove his name from its wanted list, assuring his availability for questioning on a definite date.
According to Ghana News Agency, the Special Prosecutor, Mr. Kissi Agyebeng, stated that acting in good faith and based on Mr. Ofori-Atta's assurance, the OSP granted his request and removed his name from the list of wanted persons. This decision is pending his attendance at the OSP on the agreed date of June 2, 2025. The OSP emphasized that failure to attend on the scheduled date would result in Mr. Ofori-Atta being re-listed as wanted and considered a fugitive, potentially leading to an Interpol Red Notice and extradition proceedings.
The OSP highlighted its commitment to enforcing the law, noting that Mr. Ofori-Atta is a prime suspect in five ongoing corruption-related investigations. Meanwhile, Mr. Ofori-Atta's legal action against the OSP challenges the legality of his declaration as a 'wanted' person and 'fugitive from justice.' The lawsuit claims the OSP exceeded its statutory powers by making such declarations through a media briefing, violating his fundamental rights and breaching Ghana's constitutional provisions.
Filed at the High Court, Human Rights Division, the suit seeks declarations that the OSP has no legal mandate to declare an individual wanted via media briefing, arguing that such actions fall under police jurisdiction and require court approval. Mr. Ofori-Atta contends that without proper legal basis, the OSP exceeded its authority under relevant laws, infringing on his personal liberty and freedom of movement as guaranteed by the 1992 Constitution.
The suit also cites violations of international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and People's Rights (AfCHPR). Additionally, it accuses the Special Prosecutor of professional misconduct, alleging a breach of constitutional protocol by responding through media rather than formal legal channels.
Mr. Ofori-Atta seeks the removal of his photograph and details from the wanted list, compensation for damages, and a formal response from the OSP to outstanding legal correspondences. He also requests necessary documents for investigation to be served on his solicitors in anticipation of his return to Ghana. Furthermore, the suit seeks an injunction to prevent the OSP from re-declaring him a wanted person or fugitive from justice.
