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Ghana's Legal Firestorm: Ofori-Atta Charges Spark Fierce Debate Over Justice and Accountability!

Published 2 days ago4 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
Ghana's Legal Firestorm: Ofori-Atta Charges Spark Fierce Debate Over Justice and Accountability!

The Ghanaian political landscape has been gripped by extensive discussions surrounding the 78 corruption-related charges filed by the Office of the Special Prosecutor (OSP) against former Finance Minister Ken Ofori-Atta. These developments, along with the Economic and Organised Crime Office’s (EOCO) hefty bail terms and the fight against illegal mining (galamsey), were key topics on Newsfile, hosted by Samson Lardy Anyenini.

Amidst the ongoing legal proceedings, political activist and medical doctor Dr. Arthur Kennedy has called for increased scrutiny of former President Nana Addo Dankwa Akufo-Addo’s leadership, especially concerning the corruption allegations involving his former appointees. Speaking on JoyNews’ Newsfile, Dr. Kennedy argued that the former president holds a moral responsibility to address his actions during the period when ministers, particularly Ken Ofori-Atta, were allegedly misappropriating state resources. He emphasized that accountability should extend to those overseeing such individuals, questioning what the former president was doing while these alleged actions occurred.

Dr. Kennedy further highlighted that Ghana's governance issues are exacerbated by a persistent culture where incumbent governments often shield their associates from prosecution, even when clear evidence of wrongdoing surfaces. He warned that this political protectionism undermines accountability, erodes public trust in state institutions, and fosters a system akin to a “serial one-party dictatorship” where impunity prevails for a term, only for a new party to later criticize past actions. He urged for urgent reforms to break this cycle.

Samuel Darko, Director of Strategy, Research and Communications at the OSP, addressed concerns regarding the procedural handling of charges against Mr. Ofori-Atta, who is currently outside Ghana. On JoyNews’ Newsfile, Mr. Darko refuted claims of OSP delays, clarifying that criminal law mandates direct service of charges to the accused person, not their lawyers. He criticized what he described as misinformation that aims to discredit the OSP’s work. Mr. Darko explained that Ofori-Atta's absence from the jurisdiction necessitates applying for a summons to serve him abroad, emphasizing the OSP's commitment to due process over public pressure. He also disclosed that the OSP placed Ofori-Atta on an Interpol Red Notice after intelligence indicated he was traveling freely despite previously citing illness to avoid investigators, leading to a restriction of his movement to the United States.

Dr. Arthur Kennedy, reflecting on these developments, asserted that the corruption case against Ken Ofori-Atta “is not a lost cause.” He maintained that a trial can proceed even in the accused’s absence, with lawyers defending him, and that a verdict—guilty or innocent—would still carry significant weight. He suggested that the shame of avoiding return to Ghana could act as a deterrent, proving the case's value. The OSP has announced that Ofori-Atta and seven other individuals are set to be arraigned on November 24th to face a 78-count indictment. These charges involve alleged large-scale corruption, procurement breaches, and collusion among senior public officials and Strategic Mobilisation Ghana Limited (SML). The OSP claims this scheme led to over GHS 1.4 billion in improper public fund payments through contracts that bypassed statutory procurement standards, with SML allegedly placed on an “automatic payment mode” for unvalidated services.

Those expected in court alongside Ofori-Atta include former senior officials of the Ghana Revenue Authority (Emmanuel Kofi Nti, Rev. Ammishaddai Owusu-Amoah, Isaac Crentsil, and Kwadwo Damoah), former Chef de Cabinet Ernest Darko Akore, SML’s Chief Executive Evans Adusei, and SML itself. Ofori-Atta’s defense team, led by Frank Davies, argues that he has not been formally served with the charge sheet, stressing that due process requires a proper criminal summons. The defense also anticipates the significant challenge for the prosecution to prove 78 separate charges beyond a reasonable doubt. Despite these complexities and Ofori-Atta's medical-related absence from the country, Dr. Kennedy views the case as a crucial test of institutional resolve and the national commitment to accountability.

However, private legal practitioner Bright Victoria has voiced skepticism regarding the progress of the case. On JoyNews’ Newsfile, Victoria criticized what she perceived as a series of

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