Ofori-Atta Takes OSP to Court for Declaring him 'Wanted'

Accra, Ghana - 15 March, 2025 - Former Finance Minister Ken Ofori-Atta has taken legal action against the Office of the Special Prosecutor (OSP), challenging its decision to declare him wanted.

In a lawsuit filed, Ofori-Atta seeks to restrain the OSP from making further declarations against him, arguing that the office's actions have caused irreparable harm to his reputation and personal life.

The OSP's announcement, made earlier this year, accused Ofori-Atta of corruption and financial misconduct. However, Ofori-Atta maintains his innocence, insisting he has cooperated fully with the investigation.

At the heart of the lawsuit lies a critical question: Does the OSP possess the statutory authority to declare individuals wanted through media briefings? Ofori-Atta's legal team contends that such powers are reserved exclusively for the police, subject to judicial oversight.

Moreover, the lawsuit alleges that the OSP's actions have infringed upon Ofori-Atta's fundamental human rights, including his right to liberty and freedom of movement.

Ofori-Atta is among other things seeking a declaration that

“a.) The Office of the Special Prosecutor (OSP) has no statutory powers to use Media Briefing to declare a person WANTED or “fugitive from justice”;

b.) The OSP has no powers other than what is provided for the Police to declare a person wanted and same cannot be done without leave of the Court;

c.) The Office of the Special Prosecutor, in exercising the powers of the Police as provided for under Section 28 of the Office of the Special Prosecutor Act, 2017 (Act 959), and the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374), is bound by the limits placed on the exercise of discretionary power as enshrined in the Service.

Instructions of the Police Service, under Article 200, and consistent with Article 296 of the Constitution 1992;

d.) The unlawful declaration of the Applicant as “WANTED” or “fugitive from justice” constitutes violation of his right of personal liberty as enshrined in Articles 14 of the 1992 Constitution; and right of free movement enshrined in Article 21 of the 1992 Constitution, Article 12 of the International Covenant on Civil and Political Right (ICCPR) as well as Article12 of the African Charter on Human and People’s Rights (AfCHPR);

e.) Any act of the Office of the Special Prosecutor as a State Agency that violates the Applicant’s human rights will amount to a breach of Ghana’s international treaty obligations under the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights.”

Read the full suit from Ken Ofori-Atta below.

https://drive.google.com/file/d/1Bf7ybBpT8tO1B7p3DBYV1ywT-9Wyz_0R/view?usp=sharing

Source: Lead News Online