Former Finance Minister Ken Ofori-Atta has launched a legal battle against the Office of the Special Prosecutor (OSP).
He accused the anti-corruption body of abusing its authority and violating his fundamental rights by declaring him a ‘wanted’ person and a ‘fugitive from justice.’
Ofori-Atta, in a suit filed at the Human Rights Division of the High Court, argues that the OSP’s actions were unlawful, unconstitutional, and amounted to a gross overreach of its statutory powers.
The lawsuit directly challenges the legality of the declaration and demands its reversal.
Overstepping legal boundaries
The former minister contends that the OSP had no legal mandate to use a media briefing to brand him as a wanted man, insisting that such declarations fall under the jurisdiction of the police and require court approval.
“The Special Prosecutor acted beyond its authority under the Office of the Special Prosecutor Act, 2017 (Act 959) and its operational regulations,” the suit argues.
Ofori-Atta further claims that by issuing the public notice, the OSP violated his constitutional rights, particularly his right to personal liberty (Article 14) and freedom of movement (Article 21).
He also cites breaches of international human rights laws under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and People’s Rights (AfCHPR).
Misconduct
The suit goes further to accuse Special Prosecutor Kissi Agyebeng of professional misconduct. Ofori-Atta alleges that instead of formally responding to his lawyers, Agyebeng opted to communicate through the media, a move he claims is a breach of Article 23 of the Constitution, which requires administrative bodies to act fairly and transparently.
Justice and compensation
In his suit, the former finance minister is seeking multiple reliefs, including:
- The immediate removal of his photograph and details from the OSP’s wanted list.
- Compensation for damages suffered as a result of the public declaration.
- A formal legal response from the OSP to his solicitors’ pending inquiries.
- A complete list of documents the OSP intends to use in its investigations, to be served on his legal team before his return to Ghana.
- A court injunction preventing the OSP from ever declaring him wanted again.
Battle lines
This legal action escalates the already tense standoff between Ken Ofori-Atta and the Special Prosecutor’s office.
The case is expected to test the limits of the OSP’s powers and could set a major precedent on how the anti-corruption body operates in Ghana.