The Special Prosecutor, Kissi Agyebeng, has disclosed the challenging circumstances surrounding the departure of former Finance Minister Ken Ofori-Atta from Ghana during the sensitive political transition period that followed the 2024 elections. Speaking publicly on The KSM Show, Mr. Agyebeng revealed that Mr. Ofori-Atta had traveled out of the country between January 1st and 6th, prior to the official transfer of power on January 7th. While acknowledging he possesses knowledge of the exact date of departure, Mr. Agyebeng chose not to disclose it, remarking on the political landscape at the time and stating, "Who was in power during those few days? And we don't control the airport."

Mr. Agyebeng explained that his office, the Office of the Special Prosecutor (OSP), encountered significant institutional and operational hurdles in its attempts to prevent the former minister’s departure. He specifically lamented the pervasive lack of cooperation from other state security agencies, which left the OSP without the requisite inter-agency backing to act effectively. This absence of institutional readiness and inter-agency collaboration, particularly under the erstwhile New Patriotic Party (NPP) administration, severely undermined the OSP’s ability to enforce restrictions. The situation was further complicated by the fact that the then-outgoing president, Nana Addo Dankwa Akufo-Addo, is Mr. Ofori-Atta's cousin. The OSP has since faced public criticism for its inability to stop the departure, a sentiment Mr. Agyebeng sought to contextualize by highlighting these systemic impediments.

The corruption case involving former Finance Minister Ken Ofori-Atta, who is currently believed to be in the United States of America, has evolved into one of Ghana’s most closely watched accountability battles. The OSP is conducting a thorough investigation into alleged financial misconduct linked to various high-value contracts and the management of public funds. This extensive probe includes scrutiny of the controversial revenue-assurance agreement with Strategic Mobilisation Ghana Limited, issues surrounding the National Cathedral project, and procurement matters related to the Electricity Company of Ghana. Despite multiple summons issued by the OSP, Mr. Ofori-Atta has consistently failed to appear before investigators.

As a direct consequence of his repeated non-appearance, the OSP declared Ken Ofori-Atta a fugitive and successfully secured an INTERPOL Red Notice for his apprehension. His legal team, however, has maintained concerns regarding the procedural aspects of the case and has cited health-related constraints as reasons for his inability to comply with the summons, thereby underscoring the legal complexities and tensions surrounding the investigation.

The prospect of Mr. Ofori-Atta's extradition from the United States remains highly uncertain, primarily due to the intricate nature of international law and diplomatic protocols. Mr. Agyebeng candidly stated that if Mr. Ofori-Atta were currently within Ghana, his office would have effected an immediate arrest without hesitation. He jokingly remarked, "I was making a joke about it that, if he lives in Agbogba, he would be with us as we are speaking, but since he is in a foreign country, I cannot put a date on it." He further clarified that the central authority in charge of extradition matters in the USA would ultimately make the decision, signifying that the OSP cannot offer a definitive timeline for his potential return to Ghana to face the charges.