Private legal practitioner Martin Kpebu has explained why embattled former Minister of Finance, Ken Ofori-Atta, cannot have his lawyers represent him in his case against the Office of the Special Prosecutor (OSP).
The OSP has officially declared former Finance Minister Ken Ofori-Atta a suspect in four high-profile corruption investigations, including cases related to the National Cathedral project, Strategic Mobilization Limited (SML), and two other cases.
Speaking at a press briefing on Wednesday, February 12, Special Prosecutor Kissi Agyebeng stated that Ofori-Atta is now a wanted person and must return to Ghana immediately to face questioning.
It has emerged that the former minister is abroad receiving medical treatment and is expected to return to the country in March.
Some have suggested that, in his absence, his lawyers should engage with the OSP on his behalf.
However, legal practitioner Martin Kpebu, in an interview with Joy FM, stated that this would not be possible because, in corruption-related cases, the accused person must be physically present.
“Laws are country-specific. Here in Ghana, the accused must answer for himself. The lawyer will sit beside him so that, if the investigator asks a question that has the potential to incriminate him, the lawyer can advise him. If you say anything against yourself, you put yourself in jeopardy. So, what I am saying is that you always need the suspect, accused, or person of interest to be present before the lawyer can assist him.
“If, for instance, the OSP, under its law, asks Ofori-Atta to produce certain documents, if an order for production is made, then Ofori-Atta can hand those over to his lawyers to present. In court, there is a small class of cases, such as motor traffic offenses, where a lawyer can appear and plead on behalf of a client. However, corruption and corruption-related offenses do not fall into that category. Therefore, in this case, the lawyers cannot act on Ofori-Atta’s behalf.”
Martin Kpebu explains why Ken Ofori-Atta cannot have his lawyers represent him in his case with the OSP. #JoySMS pic.twitter.com/OmkCltzwXd
— Joy 99.7 FM (@Joy997FM) February 13, 2025
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In the meantime, watch as John Jinapor recounts ordeal after leaving office in 2017
