The High Court in Accra has adjourned the criminal trial of former Finance Minister Ken Ofori-Atta and seven co-accused to 17 December 2025, following a parliamentary immunity dispute involving one of the accused persons.
The adjournment came after the court ruled in favor of Kwadwo Damoah, the sixth accused and Member of Parliament for Jaman South, who invoked constitutional immunity to challenge his court summons. The decision highlights ongoing tensions between judicial processes and parliamentary privileges under Ghana’s 1992 Constitution.
Thursday’s court session, presided over by Justice Francis Aponga Achiponga at Criminal Court 5, saw five of the eight accused persons present. Ofori-Atta and Ernest Darko Akore, his former aide, remain outside Ghana and were absent, whilst Damoah also failed to appear.
The Office of the Special Prosecutor (OSP) requested a bench warrant for Damoah’s arrest, arguing he had failed to appear in court despite being properly served with a hearing notice. The OSP contended that Damoah’s obligations under his bail conditions required him to be present.
Damoah’s legal counsel contested the service, citing Article 117 of the 1992 Constitution, which grants Members of Parliament immunity from court processes whilst attending Parliament or traveling to and from parliamentary duties. The defense argued the summons was served whilst Parliament was in session, making the service invalid under constitutional provisions.
Justice Achiponga upheld the parliamentary immunity claim, ruling that the service was constitutionally invalid. The judge determined that Damoah would have the opportunity to appear and enter his plea at the next court session scheduled for 17 December 2025.
Article 117 of the Constitution states that civil or criminal process coming from any court or place outside Parliament shall not be served on or executed in relation to the Speaker, a member, or the Clerk to Parliament whilst the individual is on the way to, attending, or returning from any parliamentary proceedings.
The five accused persons who appeared in court pleaded not guilty to their respective charges. Emmanuel Kofi Nti and Ammishaddai Owusu-Amoah, both former Commissioner-Generals of the Ghana Revenue Authority (GRA), entered not guilty pleas alongside Isaac Crentsil, former Commissioner of the Customs Division, and Evans Adusei, Chief Executive Officer of Strategic Mobilisation Ghana Limited (SML).
The court granted each of the five present accused persons bail in the sum of GH₵50 million with two sureties. The bail conditions require the sureties to justify their ability to meet the bail amount.
The accused face 78 counts of corruption related charges stemming from revenue assurance contracts between the GRA and SML awarded from 2017 onwards. The charges include conspiracy to commit procurement fraud, causing financial loss to the state exceeding GH₵1.4 billion, using public office for personal gain, willful oppression, and directly influencing the procurement process to obtain unfair advantage.
The OSP’s charge sheet, signed by Special Prosecutor Kissi Agyebeng in November 2025, alleges the accused persons hatched a criminal enterprise to exploit the SML contract for private gains. Prosecutors claim the contracts were awarded without genuine need, based on false representations that SML possessed unique technical expertise and systems.
The prosecution further alleges SML largely pretended to perform the contracted services, causing substantial financial loss to the Republic. The OSP contends the six former government officials freely abused their offices with increased impunity for personal benefit whilst promoting the SML contracts through patronage and false representations.
Ofori-Atta and Akore remain in the United States, with the former Finance Minister maintaining he is receiving medical treatment. The OSP has filed ex parte motions seeking leave to serve both individuals who are currently outside Ghana’s jurisdiction. The Special Prosecutor informed the court of an active extradition process with the United States government.
Justice Achiponga indicated the court would await the outcome of the extradition process before proceeding to hear motions related to serving the two accused persons abroad. The OSP has invoked appropriate legal remedies to address their absences, including cooperation with international law enforcement bodies.
The trial has attracted significant public attention as one of the most closely watched prosecutions in recent years. It comes amid broader national debates about accountability in public procurement and the role of the Office of the Special Prosecutor.
The SML contracts became controversial following a Fourth Estate exposé in January 2024, which questioned the company’s impact in the downstream petroleum sector despite a 10 year contract reportedly worth $100 million annually. Then President Nana Akufo-Addo commissioned KPMG to investigate the contract following the exposé.
President John Dramani Mahama, who took office in January 2025, subsequently directed the cancellation of the SML contracts amid ongoing investigations and public outcry over alleged financial losses to the state.
The December 17 court date will see Damoah expected to enter his plea, whilst proceedings continue for the other accused persons. The outcome of extradition efforts for Ofori-Atta and Akore remains unclear, potentially affecting the timeline for full trial proceedings.
