Ken Ofori-Atta's Legal Issues, Medical Condition, and OSP Scrutiny

The Office of the Special Prosecutor (OSP) in Ghana has once again declared former Minister of Finance, Ken Ofori-Atta, a wanted person and a fugitive from justice. This decision, announced on June 2, 2025, by Special Prosecutor Kissi Agyebeng, came after Mr. Ofori-Atta failed to honour an in-person invitation for questioning related to several ongoing investigations into suspected corruption and corruption-related offences during his tenure.
The OSP has initiated processes to secure an Interpol red notice for Mr. Ofori-Atta and is preparing for extradition proceedings to compel his return to Ghana. Special Prosecutor Kissi Agyebeng emphasized that the OSP's patience had been exhausted due to what he described as repeated delays and non-compliance from Mr. Ofori-Atta. Agyebeng firmly stated, "This office has always requested his attendance, and we have indicated clearly to him that we are unwilling to waive it... We want him here physically, and we insist on it. A suspect in a criminal investigation does not pick and choose how the investigative body conducts its investigations and the methods suitable to him and his convenience."
In response, Mr. Ofori-Atta's legal team, including lawyer Frank Davies, has maintained that the former minister is not fleeing from justice but is unable to travel back to Ghana due to ill health. They informed the OSP that Mr. Ofori-Atta has been diagnosed with prostate cancer and is scheduled for surgery on June 13, 2025, at the Mayo Clinic in the United States. His lawyers had requested a virtual session for the questioning, citing his medical condition. A purported medical letter from the Mayo Clinic, dated May 14, 2025, and signed by Dr. Ahmed Abdalrhim, detailed the diagnosis and the need for surgery and a subsequent recovery period. This letter was reportedly published by Asaase Radio, an outlet linked to a relative of Mr. Ofori-Atta.
However, the OSP has cast doubt on these claims, stating categorically that it has not received any official medical records or documents from any hospital authority to substantiate Mr. Ofori-Atta's incapacity or inability to travel to Ghana. The Special Prosecutor noted that his office was informed of the cancer diagnosis by Ofori-Atta's lawyers via a letter dated May 28, 2025, just five days before the scheduled interview. The OSP expressed concern that the purported medical letter was circulated in the media rather than being formally submitted to the investigative body. Sammy Darko, Director of Strategy, Research and Communication at the OSP, dismissed the media-circulated medical report as a "fake afterthought," questioning its timing and authenticity.
The investigations concerning Mr. Ofori-Atta span five key areas: the contractual arrangements between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority (GRA) regarding Petroleum and Minerals Revenue Assurance; the termination of a contract between the Electricity Company of Ghana and Beijing Xiao Cheng Technology (BXC); procurement procedures and financial transactions related to the National Cathedral project; a Ministry of Health contract with Service Ghana Auto Group Limited for the purchase and maintenance of 307 ambulances; and the handling and disbursement of funds from the Tax P-Fund Account of the GRA.
The timeline of interactions between the OSP and Mr. Ofori-Atta reveals a protracted process. In January 2025, the OSP notified Ofori-Atta that he was a suspect in five cases and requested his appearance on February 10, 2025. On January 31, 2025, his lawyers informed the OSP he was abroad indefinitely for medical reasons. The OSP rejected this, demanding a firm return date. On February 10, 2025, a doctor's note was submitted, suggesting tests and possible surgery. Consequently, on February 12, 2025, the OSP declared Ofori-Atta a fugitive. Following an appeal and the provision of a return date in May 2025 (projected between May 14 and May 30), the OSP removed his name from the wanted list on February 18, 2025, and rescheduled his interview for June 2. However, on May 28, 2025, his lawyers communicated the new cancer diagnosis and upcoming June 13 surgery, leading to his failure to appear on June 2 and his subsequent re-declaration as wanted.
Frank Davies, Mr. Ofori-Atta's lawyer and Chairman of the Constitutional and Legal Affairs Committee of the New Patriotic Party (NPP), has challenged the OSP's actions. He criticized Special Prosecutor Agyebeng for commenting on his client's illness, stating, "I don't know when he became a medical practitioner... He should stick to his core duties and stop getting himself into areas where he has very little knowledge." Davies also reminded the OSP of a pending court matter related to the case.
Former NPP General Secretary, Kwabena Agyei Agyapong, also voiced disapproval of the OSP's approach, asserting that Mr. Ofori-Atta was being treated "like a common criminal" and that the OSP should first establish a case in court. He called on civil society to speak against what he termed prosecutorial overreach. In March 2025, Mr. Ofori-Atta had filed a lawsuit against the OSP and the Special Prosecutor, seeking compensation for what he described as an unlawful declaration of him as wanted and requesting the removal of related content from OSP's social media.
Public reaction, particularly on social media, has been varied. Some netizens suspect Mr. Ofori-Atta might be attempting to evade accountability, viewing the medical reasons as excuses. Others have suggested the OSP should independently verify his medical status. The situation remains a significant standoff, highlighting the complexities of pursuing high-profile corruption cases.