Ghana: Ken Ofori-Atta's OSP Attendance Issues and Virtual Meeting Request
Former Ghanaian Finance Minister, Ken Ofori-Atta, is reportedly unable to attend a scheduled in-person interrogation with the Office of the Special Prosecutor (OSP) on June 2, 2025, due to ongoing medical treatment in the United States. His legal team, including Frank Davies, stated they formally notified the OSP on May 27, 2025, about his condition and inability to travel, proposing an engagement via an online platform for him to provide a Cautioned Statement, in line with the Electronic Transactions Act.
The OSP, headed by Special Prosecutor Kissi Agyebeng, has maintained a firm stance, warning that if Mr. Ofori-Atta fails to appear physically by the June 2 deadline, he could be declared a fugitive from justice once more. This would potentially trigger an INTERPOL Red Notice to seek international cooperation for his location and possible extradition to Ghana to face prosecutors.
Mr. Ofori-Atta is under investigation by the OSP for suspected corruption linked to five distinct public transactions that occurred during his tenure, spanning from 2017 to 2024. These include his alleged role in the PDS contract concerning the country's electricity company, the procurement of contractors and materials for the national cathedral project, a Ministry of Health contract for 307 Mercedes Benz ambulances, and a Ghana Revenue Authority contract awarded to SML for transaction audits.
According to his representatives, Mr. Ofori-Atta, who is reportedly 66 years old, has experienced an unexpected decline in health, and medical documents detailing his condition and upcoming procedures have been submitted to both the OSP and the Human Rights Court. Frank Davies, also the Director of Legal Affairs for the New Patriotic Party (NPP), affirmed the former minister's medical reasons for being outside Ghana.
This situation follows a previous incident in February 2025 when the OSP declared Mr. Ofori-Atta wanted after he did not appear for a meeting on February 10. At that time, his lawyers had informed the OSP on January 31, 2025, that he was "out of the country indefinitely on medical grounds." Although the OSP initially rejected a medical letter, Mr. Ofori-Atta was later removed from the wanted list after his legal team committed to his appearance on June 2. Subsequently, in March 2025, Mr. Ofori-Atta filed a lawsuit against the OSP, seeking compensation for what he described as an "unlawful declaration as wanted" and demanding the removal of such declarations from OSP's public platforms.
The Human Rights Court is actively involved in the matter. It heard an interim application from Mr. Ofori-Atta on March 28 and, as acknowledged by the OSP on May 28, the court adjourned to June 18, 2025, for a ruling on his motion seeking to restrain the OSP from re-declaring him wanted and to compel the deletion of previous public declarations. Frank Davies expressed surprise at public disbelief regarding Ofori-Atta's illness, emphasizing that his health issues were known even before any charges were prepared.
Mr. Ofori-Atta served as Finance Minister under the erstwhile New Patriotic Party government led by President Nana Akufo-Addo, who is reportedly his cousin. His tenure coincided with Ghana facing a significant economic crisis, which led to the country seeking a $3 billion IMF programme. Critics and the opposition party accused him of supervising the crisis, and in 2022, eighty lawmakers from his own NPP party petitioned the president for his dismissal, threatening to boycott government business in parliament if their demand was not met. However, the president declined to remove him until negotiations for the IMF deal were concluded.
Currently, there is an impasse, with the OSP insisting on Mr. Ofori-Atta's physical presence for questioning. While his team has proposed a virtual alternative due to his health, the OSP has not yet publicly responded to this specific request concerning the latest developments. Some legal experts have suggested that the OSP could potentially proceed to charge the former minister and try him in absentia, though it remains uncertain if such a step will be pursued. The OSP has reiterated its resolve to employ all necessary legal measures to ensure Mr. Ofori-Atta faces the prosecutors.