Special prosecutor Kissi Agyebeng adressing the press
The office of the Special Prosecutor (OSP) has rejected a request from the legal team of the former Minister of Finance, Ken Ofori-Atta for him to appear virtually for questioning, despite the claims of health complications.
During a press briefing on June 2, 2025, the Special Prosecutor Kissi Agyebeng said that his office is not ready to compromise its stance on the physical appearance of Ken Ofori-Atta.
“This office has always requested his attendance, and we have indicated clearly to him that we are unwilling to waive it. We want him here physically, and we insist on it,” he said.
Kissi Agyebeng emphasized that the OSP would not accommodate any remote appearance, noting that if it would be acceptable to take Ofori-Atta’s statement without a physical appearance, it would have been done months earlier.
“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,” Kissi Agyebeng stated, he noted.
Kissi Agyabeng further asserted that suspects in criminal investigations do not dictate the terms of the probe, stating, “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.”
Background
Ken Ofori-Atta is currently under investigation for five major issues during his tenure.
This includes the contractual arrangements related to petroleum and minerals revenue assurance between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority (GRA).
Also, the termination of a contract between the Electricity Company of Ghana and Beijing Xiao Cheng Technology (BXC), procurement procedures and financial transactions linked to the National Cathedral project, a Ministry of Health contract for the purchase and maintenance of 307 ambulances with Service Ghana Auto Group Limited.
It also entails the handling and disbursement of funds from the Tax P-Fund Account of the GRA.
In January 2025, the OSP formally notified Ken Ofori-Atta that he should appear in person on February 10, 2025.
His 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, warning of legal consequences if he failed to comply. It also reminded that legal representatives cannot respond to criminal charges on behalf of clients.
On February 10, 2025, his lawyers submitted a doctor’s note stating he was undergoing tests and possibly surgery, with no clear return date.
Two days later, the OSP declared Ken Ofori-Atta a fugitive from justice and acted on an arrest warrant.
On February 18, 2025, Ken 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, the former Minister of Finance filed a lawsuit against the Special Prosecutor, seeking compensation for what he described as an unlawful declaration of him as wanted and requested the removal of related publications from the OSP’s social media channels.
The High Court in Accra (Human Rights Court) heard an interim application on March 28, 2025, in which Ken Ofori-Atta sought to bar the OSP from declaring him wanted again.
Following these legal proceedings, the OSP gave a final deadline of June 2, 2025, for Ken Ofori-Atta to report in person to its headquarters.
RAD/KA
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