Former Finance Minister, Mr Ken Ofori-Atta, has filed a lawsuit against the Office of the Special Prosecutor (OSP) and its head, Kissi Agyebeng, accusing them of unlawfully declaring him a wanted person.
The lawsuit filed at the High Court, Human Rights Division, submitted to the Accra High Court on Thursday, March 13, 2025, seeks compensation and a declaration that the OSP’s actions infringed upon his fundamental human rights.
Ofori-Atta’s legal team argues that the public declaration has caused significant and irreparable harm to his reputation, and has led to undue stress, particularly as his details reportedly remain listed on the OSP’s website as a wanted individual.
The OSP had announced on February 12, 2025, 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.
But, Mr Ofori-Atta’s lawyers contend that the declaration was both unjust and arbitrary.
They also indicated 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.
The legal team insisted 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 rule that the Special Prosecutor’s conduct breached his rights to dignity, fair treatment, and administrative justice.
He is also demanding compensation for damages caused by the OSP’s announcement.
The suit calls for declaration that OSP has no legal mandate to use media briefings to declare an individual wanted.
Mr Ofori-Atta argues that such declarations fall under police jurisdiction and must be done with court approval.
The suit states that 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).
He argues that the alleged unlawful declaration infringes on his personal liberty as guaranteed in (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 and the African Charter on Human and People’s Rights.
Meanwhile, the OSP has issued a firm ultimatum to the former Finance Minister, demanding his appearance for questioning in relation to five high-profile corruption investigations.
The OSP has set June 2, 2025, as the mandatory date for Mr. Ofori-Atta to appear in person.
According to an official statement released on March 17, 2025, failure to comply will result in his immediate reclassification as a wanted person again and the triggering of international extradition measures, including an Interpol Red Notice.
This follows a lawsuit filed by Mr. Ofori-Atta contesting an earlier declaration by the OSP labelling him as a wanted person and a fugitive from justice.
However, while the legal battle continues, the OSP has made it unequivocally clear that its demand for Mr Ofori-Atta’s appearance is non-negotiable and forms part of its commitment to combat corruption at the highest levels of government.
