The legal battle between former Finance Minister, Kenneth Ofori-Atta, and the Office of the Special Prosecutor (OSP) took a definitive turn this week
The legal battle between former Finance Minister, Kenneth Ofori-Atta, and the Office of the Special Prosecutor (OSP) took a definitive turn this week after two separate courts dismissed his attempts to halt what he described as unlawful actions by the anti-graft agency.
At the heart of the matter was the OSP’s decision to declare Ofori-Atta a fugitive from justice and issue an arrest warrant earlier this year over alleged refusal to honour multiple invitations tied to corruption investigations.
The OSP further sought the assistance of Interpol through a Red Notice—an international request to locate and provisionally arrest a person pending extradition or similar legal action.
But Ofori-Atta, through his lawyers, described the moves as unconstitutional, abusive, and a breach of his fundamental rights.
He approached the courts seeking to quash the arrest warrant, suspend the Red Notice, and obtain compensation for reputational damage, insisting the OSP overstepped its legal mandate.
On July 31, 2025, the Criminal Division of the High Court dismissed the former minister’s application, challenging the legality of the arrest warrant issued against him by the OSP.
The court ruled that the application lacked merit and upheld the actions of the Special Prosecutor.
Ofori-Atta’s lawyers had argued that the OSP acted arbitrarily and violated due process by securing the warrant without allowing their client to respond.
They insisted that Ofori-Atta had communicated his medical condition and travel plans to the OSP before the announcement and was never evading justice.
However, the court sided with the Special Prosecutor, ruling that the OSP had acted within the bounds of its legal authority.
The judgment is a significant win for the OSP, led by Special Prosecutor Kissi Agyebeng, who has been under scrutiny for his aggressive approach to anti-corruption enforcement lately.
In a parallel case, the Human Rights Division of the High Court on June 20, 2025, also threw out an interlocutory injunction filed by the former minister.
The injunction sought to restrain the OSP from publicly declaring him “wanted” and from publishing such declarations on its social media platforms.
Justice Kwame Amoako, who presided over the case, stated that the injunction failed to meet the threshold for merit and necessity.
The court noted that Ofori-Atta did not demonstrate the likelihood of irreparable harm, a key requirement for the grant of such an order.
The court further awarded GH¢5,000 in costs against Ofori-Atta, signalling yet another procedural defeat in his quest to fight the OSP’s actions through civil litigation.
Claims of Abuse of Power and Constitutional Violations
Ofori-Atta’s legal team argued that the declaration and public notice by the OSP amounted to a breach of his constitutional rights—specifically Article 14 on personal liberty and Article 21 on freedom of movement.
They claimed that only the Ghana Police Service had the authority to declare an individual wanted, and even then, such an action must be sanctioned by a court.
His lawyers also cited international human rights obligations, including the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights, arguing that the OSP’s actions contravened global standards on fair administrative treatment.
They described the Special Prosecutor’s conduct as exceeding the remit of Act 959, which established the OSP, and Legislative Instrument 2374, which governs its operational procedures.
OSP Temporarily Withdrew “Wanted” Status
Interestingly, on February 18, 2025, the OSP announced that it had temporarily withdrawn the “wanted” status of the former minister after receiving assurances of his return to Ghana for questioning.
However, the OSP maintained that Ofori-Atta had earlier ignored multiple invitations, thereby obstructing the agency’s investigative process.
Political and Public Reactions
The Ofori-Atta saga has sparked debate across political and legal circles.
While some see the OSP’s actions as an assertive display of its independence and resolve to combat high-profile corruption, others warn of potential overreach and disregard for due process.
Critics argue that the public nature of the declaration could have irreversibly tarnished the reputation of a man who served as Finance Minister during one of Ghana’s most turbulent economic periods.
Supporters of Ofori-Atta describe the proceedings as politically motivated.
However, with two courts now upholding the OSP’s authority and rejecting the former minister’s motions, the legal tide appears to be turning against him—at least for now.
What’s Next?
With these setbacks, Ofori-Atta’s legal team may consider pursuing appeals or await the substantive hearing of the constitutional aspects of his case.
Meanwhile, the OSP is expected to proceed with its investigations, including any future criminal charges tied to his time in public office.
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