Ken Ofori-Atta is not fleeing from justice, he is just not well, he is sick - Frank Davies
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Ken Ofori-Atta is not fleeing from justice, he is just not well, he is sick - Frank Davies

Enoch Darfah Frimpong 5 minutes read

One of the legal representatives of Ken Ofori-Atta, Frank Davies has said the former Minister of Finance was not fleeing from justice and that he is just not well, he is sick and unable to travel back to Ghana at the moment.

Mr Ofori-Atta, according to the Special Prosecutor, Kissi Agyebeng has been diagnosed with cancer.

This, according to Mr Kissi Agyebeng was indicated in a letter from his lawyers addressed to the OSP explaining why he is still in the United States of America (USA), where he was currently undergoing treatment. 

Mr. Ofori-Atta, through his lawyers, had written to the Office of the Special Prosecutor (OSP) in a letter dated May 28, 2025, requesting a virtual meeting, as he was unable to travel back to Ghana due to medical reasons.

But the Office of the Special Prosecutor (OSP) has declined that request and re-declared Mr Ofori-Atta a wanted man.

Read also: Ken Ofori-Atta declared wanted again by OSP for failing to report in person

According to the OSP, processes for an Interpol red notice to be issued for his arrest have been initiated.

The Special Prosecutor, Kissi Agyebeng, at a press conference on Monday evening, stated that the OSP's patience with Mr. Ofori-Atta has 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.”

Reacting, Frank Davies one of the legal representatives of Mr Ofori-Atta indicated that Mr Ofori-Atta had requested a virtual meeting with the OSP since he was unable to travel back to the jurisdiction for medical reasons.

He said Mr Ofori-Atta and his lawyers will watch the OSP on what he wants to do after indicating to him Mr Ofori-Atta's condition with medical support.

"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," he stated.

Deadline to report

Meanwhile the deadline for Ken Ofori-Atta to report to the Office of the Special Prosecutor (OSP) expired on June 2, 2025.

The OSP had earlier stated that if Mr Ofori-Atta failed to appear, his name was going to be be added back to the list of wanted persons and he will again be declared a fugitive from justice.

The Office of the Special Prosecutor (OSP) is investigating Mr Kenneth Nana Yaw Ofori-Atta, a former Minister of  Finance, over five major issues during his tenure in office under President Nana Addo Dankwa Akufo-Addo:

The Key Issues under investigations are:

    • Petroleum and Minerals Revenue Assurance:Contractual arrangements between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority (GRA).
    • Electricity Company Contract Termination:The termination of a contract between the Electricity Company of Ghana and Beijing Xiao Cheng Technology (BXC).
    • National Cathedral Project:Procurement procedures and financial transactions related to the National Cathedral.
    • Ambulance Procurement:A Ministry of Health contract with Service Ghana Auto Group Limited for purchasing and maintaining 307 ambulances.
    • GRA Tax P-Fund Management:Handling and disbursement of funds from the Tax P-Fund Account of the GRA.

In January 2025, the OSP officially notified Mr Ofori-Atta that he was a suspect in five separate cases and asked him to appear in person on February 10, 2025.

Mr Ofori-Atta's lawyers informed the OSP that he was abroad indefinitely for medical reasons, and offered to represent him in his absence.

The OSP rejected the claim of indefinite absence and demanded a firm return date by February 10, 2025, and warned of legal consequences for failure to comply.

It also reminded that legal representatives cannot respond to criminal charges on behalf of clients.

On February 10, 2025, Mr Ofori-Atta's lawyers submitted a doctor’s note stating he was undergoing tests and possibly surgery, with no clear return date.

On February 12, 2025 the OSP declared Mr Ofori-Atta a fugitive from justice, acting on an arrest warrant.

On February 18, 2025, Mr Ofori-Atta appealed to the OSP to remove his name from the ‘Wanted List’ and provided a definite return date in May 2025.

The OSP accepted his assurance and subsequently took his name off the list

In March 2025, Mr Ofori-Atta filed a lawsuit against the OSP and the Special Prosecutor, seeking compensation for what he called an unlawful declaration of him as wanted, and asked for the removal of related publications from the OSP’s social media.

The High Court in Accra (Human Rights Court) heard an interim application from Mr Ofori-Atta, asking that the OSP be barred from declaring him wanted again on March 28, 2025.

Following this the OSP gave a deadline of June 2, 2025 for Mr Ofori-Atta to report in person to the OSP headquarters.

According to the OSP, if he fails to appear, his name will be added back to the list of wanted persons and he will again be declared a fugitive from justice.

In such case, the OSP will also begin the process to request an INTERPOL Red Notice against him.

Writer's email: enoch.frimpong@graphic.com.gh 

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