A Human Rights Courtroom in Accra has dismissed an injunction utility by former Finance Minister Ken Ofori-Atta, who sought to cease the Workplace of the Particular Prosecutor from issuing public needed notices.
The court docket additionally imposed a GH¢5,000 high-quality on the applicant, signalling its displeasure with what it could have seen as an try and frustrate respectable legislation enforcement proceedings.
Background to the authorized battle
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The authorized confrontation between Ofori-Atta and the OSP has been brewing for months.
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Mr Ofori-Atta left the jurisdiction on or round 2 January 2025.
On 24 January 2025, the OSP communicated to Mr Ofori-Atta that the OSP thought of him a suspect in respect of 4 of the circumstances described above.
The previous finance minister, who served between 2017 and 2024, departed Ghana shortly after the change of presidency.
The warrant, which was displayed through the dialogue, was titled “Warrant of Arrest within the Supreme Courtroom of Ghana” and was dated February 12, 2025.
It was acknowledged within the letter that Ken Ofori-Atta had been accused of “utilizing public workplace for personal revenue”.
This Supreme Courtroom-issued warrant kinds the authorized foundation for the OSP’s pursuit of the previous minister.
OSP’s agency stance on bodily look
The Workplace of the Particular Prosecutor has maintained an unwavering place that Ofori-Atta should seem bodily for questioning. If we had been amenable to taking any assertion from Ken Ofori-Atta in absentia, we’d have completed so in February and never waited until June 2, 2025.
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We wish him right here bodily, and we insist on it. A suspect in a prison investigation doesn’t choose and select how the investigative physique conducts its proceedings
In line with statements from the Particular Prosecutor’s workplace.
This stance got here in response to requests from Ofori-Atta’s authorized staff for digital engagement as a result of reported well being considerations.
Former Finance Minister Ken Ofori-Atta won’t be showing earlier than the Workplace of the Particular Prosecutor (OSP) on Monday, June 2, as beforehand deliberate, as a result of an unanticipated decline in his well being.
His authorized representatives had formally requested a web-based assembly different, which the OSP categorically rejected.
Escalation to fugitive standing
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Following Ofori-Atta’s failure to seem on the scheduled date of June 2, 2025, the OSP took decisive motion.
The Workplace of Particular Prosecutor (OSP) on Monday re-declared Mr Kenneth Nana Yaw Ofori-Atta, the previous Minister of Finance, a needed particular person and a fugitive from justice. This was after Mr Ofori-Atta didn’t voluntarily return to Ghana and seem earlier than the OSP to reply to alleged prison fees.
The re-declaration as a fugitive represents an escalation within the authorized proceedings and demonstrates the OSP’s willpower to carry the previous minister to account for alleged monetary misconduct throughout his tenure in workplace.
Interpol crimson discover
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The case has taken on a world dimension with the involvement of Interpol. Ken Ofori-Atta seems on Interpol’s crimson discover as a needed man for utilizing public workplace for revenue, in line with a number of studies.
This growth considerably complicates any makes an attempt by the previous minister to evade the Ghanaian authorities and means that worldwide cooperation is being sought to facilitate his return.
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The Interpol Purple Discover is a big legislation enforcement software that allows worldwide police cooperation in finding and provisionally arresting people pending extradition.
Its issuance signifies that Ghanaian authorities are treating the matter with utmost seriousness and are ready to make use of worldwide mechanisms to safe Ofori-Atta’s return.
Sample of authorized challenges
Wednesday’s court docket ruling represents the most recent in a collection of authorized manoeuvres by Ofori-Atta’s authorized staff to problem or delay the actions of the particular prosecutor.
The Human Rights Courtroom has adjourned to June 18, 2025, for a ruling on a movement filed by former Finance Minister Kenneth Ofori-Atta, searching for to restrain the Workplace of the Particular Prosecutor (OSP) from declaring him needed.
Mr Ofori-Atta can be asking the court docket to order the OSP to take away earlier declarations from its social media platforms and different public boards.
The excellent nature of those authorized challenges suggests a coordinated technique to frustrate the OSP’s investigations.
Nevertheless, the constant dismissal of those purposes by the courts signifies judicial help for the prosecutor’s mandate and strategies.