KEN OFORI-ATTA SUES OFFICE OF THE SPECIAL PROSECUTOR (OSP) OVER ‘UNLAWFUL’ DECLARATION AS WANTED PERSON

Former Finance Minister Ken Ofori-Atta has filed a lawsuit against the Office of the Special Prosecutor (OSP) and its head, Kissi Agyebeng, accusing them of unlawfully declaring him a wanted person. The lawsuit, submitted to the Accra High Court on Thursday, March 13, 2025, seeks compensation and a declaration that the OSP’s actions violated his fundamental human rights.

The OSP’s Declaration
On February 12, 2025, the OSP publicly declared Ofori-Atta a fugitive from justice, citing his failure to respond to invitations for questioning related to ongoing corruption investigations. The anti-graft agency claimed his absence obstructed its work and justified the public notice necessary for his apprehension.

However, Ofori-Atta’s legal team argues that the declaration was unjust and arbitrary. They contend that their client, a respected investment banker and former minister, was not evading the OSP but was dealing with serious health challenges, including preparations for a major medical procedure. They assert that these health issues were formally communicated to the OSP before the declaration.

Removal from Wanted List
On February 18, 2025, the OSP announced that it had removed Ofori-Atta’s name from the wanted list following assurances of his return to Ghana. Despite this, Ofori-Atta’s legal representatives are dissatisfied, arguing that the initial declaration caused significant and irreparable harm to his reputation and subjected him to undue stress.

Legal Claims
In the lawsuit filed at the High Court’s Human Rights Division, Ofori-Atta is seeking several declarations, including:

1. The OSP has no legal mandate to use media briefings to declare an individual wanted. He argues that such declarations fall under police jurisdiction and require court approval.
2. The OSP 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).
3. The declaration infringed on his rights to personal liberty (Article 14) and freedom of movement (Article 21) as enshrined in the 1992 Constitution, as well as 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).

Ofori-Atta is also demanding compensation for the damages caused by the OSP’s announcement.

Source:NKONKONSA.com