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Private legal practitioner Martin Kpebu has raised concerns about the timing of the Office of the Special Prosecutor’s (OSP) pursuit of former Finance Minister Ken Ofori-Atta, questioning why the agency waited until Ofori-Atta had left the country to intensify its efforts.

Speaking on TV3’s Key Points on Saturday, February 15, Kpebu expressed skepticism about the OSP’s approach. “I have a challenge with the timing of the Ken Ofori-Atta pursuit. Why wait for all this while and go after the man when he is already out of the country?” he asked.

Kpebu’s comments come amid revelations that Ofori-Atta’s lawyers have formally responded to the OSP, informing the agency that the former minister is currently abroad for medical reasons and unable to honor an invitation to appear in person for questioning. The OSP had summoned Ofori-Atta to answer allegations related to several high-profile investigations, including the ECG’s loss reduction contract with Beijing Jao, procurement issues surrounding the National Cathedral, contracts awarded by the Health Ministry to Service Ghana Auto Limited for ambulances, and the controversial SML-GRA deal.

In a press briefing on Wednesday, February 12, 2025, Special Prosecutor Kissi Agyebeng declared Ofori-Atta a “wanted person” and a “fugitive from the law,” citing his repeated refusal to comply with invitations for questioning. Agyebeng emphasized that the OSP would take all necessary measures to compel Ofori-Atta’s appearance.

However, a letter from Ofori-Atta’s lawyers, dated February 10, 2025, explained that the former minister had been out of the country since early January for medical reasons. The letter stated that Ofori-Atta is undergoing medical observation and tests, with treatment decisions pending. It also noted that he had informed both the former and current Chiefs of Staff about his trip and assured the OSP of his willingness to cooperate upon his return.

“Our client is currently undergoing medical observation and tests, culminating in medical decisions to be taken in due course as to the way forward with treatment,” the letter read. “After that, he will have a better idea of when he is able to proceed to Ghana. We are therefore humbly bringing to your attention that we shall give you notice of his arrival in the country so as to reschedule your invitation.”

Despite this explanation, Agyebeng dismissed the medical letter as insufficient, stating that the OSP remains unconvinced of Ofori-Atta’s inability to return to Ghana. “No serious law enforcement agency would be convinced that the purported medical letter estops it from demanding the physical appearance of Mr. Ofori-Atta,” Agyebeng said. “We are of the firm conviction that it is only a ruse employed by Mr. Ofori-Atta in aid of his intention to avoid his return to the jurisdiction.”

Kpebu’s critique of the OSP’s timing adds another layer to the ongoing controversy. While some have praised the agency for pursuing accountability, others, like Kpebu, question whether the delayed action undermines the credibility of the investigation. “If the OSP had acted sooner, perhaps we wouldn’t be in this situation,” Kpebu remarked.

The case has sparked a broader debate about the effectiveness of Ghana’s anti-corruption efforts and the challenges of holding high-profile figures accountable. As the standoff between the OSP and Ofori-Atta continues, many Ghanaians are watching closely to see how the situation unfolds. For now, the question remains: Is the pursuit of justice being hindered by poor timing, or is Ofori-Atta’s absence a deliberate attempt to evade scrutiny? Only time will tell.



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