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Ofori-Atta’s lawyer challenges Special Prosecutor after client declared fugitive

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By Franklin ASARE-DONKOH

A member of the legal team representing former Finance Minister Mr. Kenneth Nana Yaw Ofori-Atta, who has been declared a fugitive, Mr. Frank Davies, has dared the Special Prosecutor (SP), Mr. Kissi Agyebeng, and his office to “do his worst” in the case involving his client.

According to an enraged Frank Davies, the Office of the Special Prosecutor (OSP) is free to pursue its actions against his client, despite the explanations his team has provided.

Reacting to the declaration of Mr. Ofori-Atta as a fugitive of justice by the SP on Accra-based Citi FM’s current affairs programme, Eyewitness News, on Monday, June 2, 2025, Mr. Davies accused the OSP of disregarding formal correspondence sent by his client’s legal team.

“I want to believe that he clearly understands what he is doing. Because you are at the Office of the Special Prosecutor, you can come into the public domain and disclose, as he has said, that there is no medical report. How did he conclude that Ken Ofori-Atta was suffering from cancer?

I am not about to involve myself in frivolity. If he says he is going to bring Ken into the country because he is fleeing from justice and has since declared him a fugitive of justice, we will all be waiting for him to bring Ken Ofori-Atta into the country,” he said defiantly.

Mr. Ofori-Atta had requested a virtual meeting with the OSP following a summons, but the request was denied. The OSP subsequently declared him wanted and triggered an INTERPOL Red Notice for his arrest.

The Special Prosecutor confirmed at a press briefing held in Accra on Monday, June 2, 2025, that his office has formally requested an INTERPOL Red Notice, which could lead to Mr. Ofori-Atta’s international arrest and extradition.

According to the OSP, the move follows the former minister’s repeated failure to honour invitations for questioning in connection with ongoing corruption investigations.

The key issues under investigation include:

Petroleum and Minerals Revenue Assurance — Contractual arrangements between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority (GRA).

Electricity Company Contract Termination — Termination of a contract between the Electricity Company of Ghana and Beijing Xiao Cheng Technology (BXC).

National Cathedral Project — Procurement procedures and financial transactions related to the National Cathedral.

Ambulance Procurement — A Ministry of Health contract with Service Ghana Auto Group Limited for the purchase and maintenance of 307 ambulances.

GRA Tax P-Fund Management — Handling and disbursement of funds from the Tax P-Fund Account of the GRA.

Timeline of Events

January 2025 — The OSP officially notified Mr. Ofori-Atta that he was a suspect in five separate cases and requested his appearance on February 10, 2025.

31 January 2025 — His lawyers informed the OSP that he was abroad indefinitely for medical reasons and offered to represent him in his absence.

5 February 2025 — The OSP rejected the claim of indefinite absence and demanded a firm return date by February 10, warning of legal consequences. It also reminded that legal representatives cannot respond to criminal charges on behalf of clients.

10 February 2025 — His lawyers submitted a doctor’s note (not addressed to any specific party), indicating he was undergoing tests and possibly surgery, with no clear return date.

12 February 2025 — With no further cooperation, the OSP declared Mr. Ofori-Atta a fugitive from justice, acting on an arrest warrant.

18 February 2025 — Mr. Ofori-Atta appealed to the OSP for removal from the ‘Wanted List’ and, for the first time, provided a definite return date in May 2025. The OSP accepted this assurance and removed his name from the list.

Legal Challenge

March 2025 — Mr. Ofori-Atta filed a lawsuit against the OSP and the Special Prosecutor, seeking compensation for what he described as an unlawful declaration of him as wanted. He also requested the removal of related content from the OSP’s social media platforms.

28 March 2025 — The Human Rights Court heard an interim application from Mr. Ofori-Atta, asking the court to restrain the OSP from declaring him wanted again.

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