Former Finance Minister Ken Ofori-Atta has initiated legal action against the Office of the Special Prosecutor (OSP), challenging the legality of his declaration as a “WANTED” person and a “fugitive from justice.”
Ken Ofori-Atta’s suit argues that the OSP overstepped its statutory powers by using a media briefing to make such declarations, violating his fundamental human rights and breaching Ghana’s constitutional provisions.
The OSP last month declared the former Finance Minister a wanted man after declaring that it was convinced Ofori-Atta did not want to avail himself to assist in its investigations into corruption and corruption-related issues.
The suit filed at the High Court, Human Rights Division calls for several declarations, including:
- The OSP has no legal mandate to use media briefings to declare an individual wanted. Ken Ofori-Atta argues that such declarations fall under police jurisdiction and must be done with court approval.
- By declaring him wanted without proper legal basis, the OSP allegedly exceeded its authority under the Office of the Special Prosecutor Act, 2017 (Act 959) and the Office of the Special Prosecutor (Operations) Regulations, 2018 (LI 2374).
- The alleged unlawful declaration infringes on his personal liberty (Article 14) and freedom of movement (Article 21) as enshrined in the 1992 Constitution. It also violates international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and People’s Rights (AfCHPR).
The suit also accuses the Special Prosecutor, Kissi Agyebeng, of professional misconduct. Ken Ofori-Atta claims that Kissi Agyebeng violated Article 23 of the Constitution by responding to his solicitors via media briefing rather than through formal legal channels.In the circumstances, Ken Ofori-Atta is seeking, among others:
• The removal of his photograph and details from the OSP’s Wanted List.
• Compensation for damages caused by the unlawful declaration and public listing as a wanted person.
• Formal responses from the OSP to outstanding legal correspondences from his solicitors.
• Listing of required documents from the OSP for investigation purposes, to be served on his solicitors in anticipation of his return to Ghana.
• An injunction preventing the OSP from re-declaring him a wanted person or a fugitive from justice.
