Ofori-Atta declared wanted again - Special Prosecutor initiates extradition process
The Office of the Special Prosecutor (OSP) has re-declared former Minister of Finance, Ken Ofori-Atta, a wanted person and fugitive from justice.
This was after he failed to appear before the OSP for an investigative interview scheduled for yesterday.
The Special Prosecutor (SP), Kissi Agyebeng, has subsequently initiated processes for an Interpol red notice and extradition to compel the return of Mr Ofori-Atta to the country to face investigations into suspected corruption and corruption-related offences.
At a press briefing in Accra yesterday, Mr Agyebeng chronicled months of failed attempts to secure Mr Ofori-Atta’s personal attendance after the OSP first notified him on June 24, last year, that he was under investigation.
He said the OSP's patience with Mr Ofori-Atta had run out, following what he described as repeated delays and non-compliance with ongoing criminal investigations against him.
“This office has always requested his attendance, and we have indicated clearly to him that we are unwilling to waive it.
If we were amenable to taking any statement from Ken Ofori-Atta in absentia, we would have done so in February, and not waited till June 2, 2025”.
“We want him here physically, and we insist on it.
A suspect in a criminal investigation does not pick and choose how the investigative body conducts its investigations and the methods suitable to him and his convenience. We will not countenance this conduct, not in this case,” Mr Agyebeng stated.
Reaction
Reacting to the OSP’s latest action, one of the legal representatives of Mr Ofori-Atta, Frank Davies, said the former Finance Minister was not fleeing from justice, but he was sick and unable to travel back to Ghana at the moment.
He said for medical reasons Mr Ofori-Atta had requested a virtual meeting with the OSP since he was unable to travel back to the jurisdiction.
"But Kissi Agyebeng should know that there is a matter pending in court which touches on all the things he has spoken to, I want to believe that he clearly understands what he is doing because the justice delivery system is not to be treated casually, especially when you are dealing with the fundamental human rights of a suspect or an accused person at this stage," Mr Davies stated.
Background
Mr Ofori-Atta is under investigations for five cases. They include the Petroleum and Minerals Revenue Assurance, bordering on the contractual arrangements between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority (GRA); the Electricity Company of Ghana contract termination between Beijing Xiao Cheng Technology (BXC) as well as the National Cathedral procurement procedures and financial transactions related to the project.
The rest are the ambulance procurement contract with Service Ghana Auto Group Limited for purchasing and maintaining 307 ambulances as well as the handling and disbursement of funds from the Tax P-Fund Account of the GRA.
The OSP, in a letter dated June 24, 2024, informed Mr Ofori-Atta of the commencement of an investigation into cases in which he was considered a suspect.
He was directed to present himself in person for an interview on February 10, this year.
However, his lawyers informed the OSP in a letter dated January 31, 2025, that he was out of the jurisdiction indefinitely on medical grounds and would notify the office upon his return.
In response, the OSP emphasised that personal attendance was mandatory and gave Mr Ofori-Atta until close of business on February 10 to indicate a reasonable date for his return and appearance.
The office warned that failure to comply would compel it to initiate legal steps to ensure his return.
Mr Ofori-Atta, however, failed to meet the deadline.
Instead, through his lawyers, he submitted a medical letter on February 10, suggesting a possible surgery in March.
The OSP rejected the letter as insufficient and subsequently, on February 12, declared him a fugitive from justice.
The OSP described a follow-up letter from Mr Ofori-Atta’s legal team on February 17 as hostile, laden with threats of legal action, and lacking in any indication of a return date.
The SP reaffirmed his fugitive status, noting that the former minister would remain so until he voluntarily returned or was compelled to do so through legal means.
Eventually, in a letter dated February 18, his lawyers informed the OSP that Mr Ofori-Atta had been scheduled for a possible surgical intervention in the United States from March 20 to 21, 2025, and would require a six to eight weeks recovery period.
Based on this, they projected his return to Ghana between May 14 and May 30, 2025.
The OSP accepted the timeline as reasonable and removed his name from the wanted list, rescheduling his interview for June 2 at 1:30 p.m.
New medical claims
However, just five days before the rescheduled interview, on May 28, Mr Agyebeng said Mr Ofori-Atta’s lawyers informed his office of a new diagnosis, which was cancer.
According to the letter, he was now scheduled for surgery on June 13, and thus would not be able to return to Ghana as promised.
He said his legal team further proposed a video-recorded interview as a substitute for in-person questioning and offered to present his biopsy report to the SP.
“The OSP has always insisted on his personal attendance.
A suspect in a criminal investigation does not get to dictate how an investigation is conducted,” the Special Prosecutor stressed, describing Mr Ofori-Atta’s actions as being in bad faith.
