Former Finance Minister Ken Ofori-Atta has filed a lawsuit at the Accra High Court against the Office of the Special Prosecutor (OSP) for declaring him wanted.
Ofori-Atta said that the declaration was unlawful and is therefore seeking compensation.
Additionally, the former Minister is seeking a court injunction to prevent the OSP from reissuing the declaration, which he claims is baseless and unjustified.
The Special Prosecutor, Kissi Agyebeng at a press conference on February 12 declared Mr. Ofori-Atta wanted and a fugitive as a suspect in four high-profile corruption investigations.
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Although the OSP on February 18, removed Mr. Ofori-Atta from the wanted list, he has in his suit, Ofori-Atta stated that the actions have caused significant damage to his reputation and personal life.
According to the OSP, these included investigations into several financial transactions, including the Strategic Mobilization-GRA contract, the termination of the ECG-BXC contract, payments related to the National Cathedral, ambulance procurement, and the utilisation of the Tax Refund Account.
However, he has denied any wrongdoing and defending his tenure at the Finance Ministry, Ofori-Atta insisted that he had always acted in the best interests of Ghana.
In an open letter dated February 26, he stated that throughout his 40-year career, he had upheld integrity and transparency.
Meanwhile, the former minister, who is seeking an early resolution to the matter, maintains that he was neither the originating nor implementing minister in the cases under investigation.
The suit filed at the High Court, Human Rights Division calls for several declarations, including:
- The OSP has no legal mandate to use media briefings to declare an individual wanted. Ken Ofori-Atta argues that such declarations fall under police jurisdiction and must be done with court approval.
- By declaring him wanted without proper legal basis, the OSP allegedly exceeded its authority under the Office of the Special Prosecutor Act, 2017 (Act 959) and the Office of the Special Prosecutor (Operations) Regulations, 2018 (LI 2374).
- The alleged unlawful declaration infringes on his personal liberty (Article 14) and freedom of movement (Article 21) as enshrined in the 1992 Constitution. It also violates 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).
The suit also accuses the Special Prosecutor, Kissi Agyebeng, of professional misconduct. Ken Ofori-Atta claims that Kissi Agyebeng violated Article 23 of the Constitution by responding to his solicitors via media briefing rather than through formal legal channels.In the circumstances, Ken Ofori-Atta is seeking, among others:
• The removal of his photograph and details from the OSP’s Wanted List.
• Compensation for damages caused by the unlawful declaration and public listing as a wanted person.
• Formal responses from the OSP to outstanding legal correspondences from his solicitors.
• Listing of required documents from the OSP for investigation purposes, to be served on his solicitors in anticipation of his return to Ghana.
• An injunction preventing the OSP from re-declaring him a wanted person or a fugitive from justice.
Read the full suit below.