Former Finance Minister Ken Ofori-Atta has taken legal action against the Office of the Special Prosecutor (OSP) and the Special Prosecutor, Kissi Agyebeng, over the agency’s decision to declare him a “fugitive from justice” and a “WANTED person.”
The lawsuit, filed on March 13, 2025, at the Human Rights Division of the Accra High Court, seeks the enforcement of his fundamental human rights under Article 33 of the 1992 Constitution. His lawyer, Justice Kusi-Minkah Premo, contends that the declaration and subsequent publication of his client as a wanted individual were unlawful and violated his rights to personal liberty and free movement as protected under Articles 14 and 21 of the Constitution.
Mr. Ofori-Atta also asserts that the OSP acted arbitrarily and unfairly by refusing to remove his picture from its website, even after publicly acknowledging that he was no longer wanted. The former minister argues that these actions contravened Articles 23 and 296 of the Constitution, which mandate fairness in administrative decisions.
Among the reliefs sought, he is requesting a declaration that the OSP had no statutory authority to declare a person wanted without court approval. He is also challenging the special prosecutor’s conduct, arguing that responding to legal enquiries through a public press briefing breached professional legal standards. Additionally, he is seeking an injunction to prevent the OSP from re-declaring him as wanted and an order for compensation for the harm caused by the public listing.
The controversy stems from a February 12, 2025, press conference where Mr. Agyebeng announced that the OSP was investigating Mr. Ofori-Atta in connection with five corruption-related cases. These included the Ghana Revenue Authority’s revenue assurance contract with Strategic Mobilisation Ghana Limited, the termination of an Electricity Company of Ghana contract with Beijing Xiao Cheng Technology, and the National Cathedral project.
The Special Prosecutor claimed that Mr. Ofori-Atta was evading justice and had no intention of returning voluntarily.
In response, Mr. Ofori-Atta maintains that he left Ghana for medical treatment on January 4, 2025, a fact he had communicated to government officials and the OSP. He argues that despite this, the OSP went ahead to declare him wanted.
Furthermore, he refuted claims that a raid on his residence was staged, pointing to subsequent revelations that National Security operatives were responsible for the operation, for which the Majority Leader in Parliament later apologised on behalf of the government.
