The Human Rights Court has adjourned to June 18, 2025 for a ruling on a motion filed by former Finance Minister, Kenneth Ofori-Atta, seeking to restrain the Office of the Special Prosecutor (OSP) from declaring him wanted.
Mr Ofori-Atta is also asking the court to order the OSP to remove previous declarations from its social media platforms.
His motion was moved by his legal team and is being contested by the OSP.
The court will deliver its ruling on the matter on June 18, 2025.
On February 12, the OSP announced 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 contended that the declaration was both unjust and arbitrary.
They further contended 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 hold 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.
Mr Ofori-Appiah-Atta is asking for a number of declarations, including that OSP had no legal mandate to use media briefings to declare an individual wanted. Ken Ofori-Atta also argues that such declarations fall under police jurisdiction and must be done with court approval.
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).
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).
BY MALIK SULLEMANA
