Ken Ofori-Atta takes legal action against OSP for declaring him wanted

Former Finance Minister Mr 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 infringed upon his fundamental human rights.

Ofori-Atta’s legal team argues that the public declaration has caused significant and irreparable harm to his reputation and has led to undue stress, particularly as his details reportedly remain listed on the OSP’s website as a wanted individual.

The OSP had announced on February 12, 2025, that Mr. Ofori-Atta was a fugitive from justice, citing his failure to respond to invitations for questioning related to ongoing corruption investigations.

The anti-graft agency justified the move by stating that his absence was obstructing its work and necessitated a public notice to assist in his apprehension.

However, Mr. Ofori-Atta’s lawyers contend that the declaration was both unjust and arbitrary.

They further contend that their client, a respected investment banker and former minister, had not deliberately evaded the OSP but was dealing with serious health challenges, including preparations for a major medical procedure. 

His legal team insists that these health issues were formally communicated to the OSP prior to the declaration.

Though the OSP, on February 18, 2025, announced that it had removed Mr. Ofori-Atta’s name from the wanted list following assurances of his return to Ghana, his legal representatives are dissatisfied. 

Mr. Ofori-Atta is asking the court to rule that the Special Prosecutor’s conduct breached his rights to dignity, fair treatment, and administrative justice. He is also demanding compensation for the damages caused by the OSP’s announcement.

The suit filed at the High Court, Human Rights Division calls for several declarations, including:

1. 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.
    
2. 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).

3. 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).