Former Minister of Finance, Ken Ofori-Atta
Hon. Ken Ofori-Atta, Ghana’s former finance minister, has been a defining figure in the country’s economic transformation. From his Wall Street background to spearheading Ghana’s economic resilience, his contributions to national development cannot be understated.
However, recent developments involving the Office of the Special Prosecutor (OSP) have brought unwarranted controversy to his name, raising serious concerns about the ethical conduct and legal boundaries of public office.
The Unjust Declaration of a Fugitive
On February 17, 2025, the OSP, in an unprecedented move, declared Ken Ofori-Atta a ‘fugitive from justice.’ This came not as part of a structured legal process but as a knee-jerk reaction to a detailed letter from Mr. Ofori-Atta’s lawyers, challenging the basis of ongoing investigations. The OSP’s press briefing, rather than engaging in legal propriety, took the route of media sensationalism: a clear deviation from due process.
Despite being in constant communication with the OSP through his legal representatives, and despite providing official notice of his medical condition and treatment abroad, the former Finance Minister was declared wanted without a shred of legal justification.
The question remains: On what legal grounds did the OSP base this declaration? There exists no statutory provision empowering the OSP to arbitrarily label a suspect a fugitive from justice. Such power lies within the confines of law enforcement agencies acting within established legal frameworks, and even then, only under well-defined circumstances.
A Breach of Legal Ethics and Due Process
Ken Ofori-Atta’s legal team rightfully questioned the procedural missteps taken by the OSP, highlighting:
1. Violation of Professional Ethics: The OSP, bound by the Legal Profession Etiquette Rules 2020, should have responded to the lawyers’ letters through formal correspondence. Instead, he resorted to grandstanding via media briefings, bypassing professional legal decorum.
2. Misuse of Intelligence Resources: The OSP alleged that a purported raid on Mr. Ofori-Atta’s residence was staged and suggested that his medical documents were fabricated, without any credible evidence. This claim was later refuted by Parliament, which acknowledged the invasion of Mr. Ofori-Atta’s home and even issued an apology on behalf of the government.
3. Human Rights Violations: The declaration of a citizen as a fugitive without due process is a gross violation of fundamental human rights. Mr. Ofori-Atta had notified government officials of his travel and medical condition, and his legal representatives had been in discussions with the OSP. To brand him as a fugitive was not just inaccurate but an abuse of power.
A Vendetta Disguised as Investigation?
The approach taken by the OSP appears to reflect a personal vendetta rather than a pursuit of justice. By disregarding legal procedures, making public accusations without evidence, and ignoring critical facts already presented by legal representatives, the OSP has positioned itself as a politically charged institution rather than an impartial investigative body.
Restoring Credibility to the Legal System
Ultimately, the events surrounding Ken Ofori-Atta’s case have exposed the need for serious introspection into the operations of the OSP. Ghana’s legal and anti-corruption framework should be governed by principles of fairness, transparency, and respect for due process. Selective justice and trial-by-media should never be allowed to replace the structured processes of law.
Hon. Ken Ofori-Atta remains committed to cooperating with investigative bodies and upholding the rule of law. However, any allegations must be handled with integrity and respect for constitutional rights. The arbitrary and sensationalist approach adopted by the OSP in this instance serves as a cautionary tale: justice must be done and seen to be done, but it must never be dictated by media theatrics and personal biases.
As the country moves forward, it is imperative that institutions operate within their legal mandates. Ghana’s justice system should not be manipulated for public spectacle. The OSP must reconsider its modus operandi to ensure that its work fosters trust, rather than eroding confidence in Ghana’s legal and governance structures.
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