Ken Ofori-Atta sues Special Prosecutor over "Wanted" declaration

Former Finance Minister Ken Ofori-Atta has taken legal action against the Office of the Special Prosecutor (OSP), contesting its decision to label him as a "wanted" individual and a "fugitive from justice."

In his lawsuit, Ofori-Atta contends that the OSP exceeded its legal mandate by making such pronouncements through a media briefing. He argues that this act violated his fundamental rights and contravened Ghana's constitutional framework.

The Special Prosecutor’s office had, in the previous month, issued a public declaration that Ofori-Atta was wanted, alleging that he had deliberately evaded participation in an ongoing investigation into corruption-related matters.

The case, which has been filed before the Human Rights Division of the High Court, seeks several legal determinations, including:

• A declaration that the OSP does not have the legal authority to use media platforms to declare individuals wanted. Ofori-Atta insists that such measures should be executed through law enforcement agencies with the requisite judicial backing.
• A ruling that the OSP’s actions breached its statutory limits as defined under the Office of the Special Prosecutor Act, 2017 (Act 959) and its operational regulations.
• A confirmation that the public declaration infringed upon his constitutional rights to personal liberty (Article 14) and freedom of movement (Article 21), as well as international legal protections under agreements such as the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and People's Rights (AfCHPR).

Additionally, the suit raises allegations of professional misconduct against Special Prosecutor Kissi Agyebeng, accusing him of failing to engage in proper legal correspondence and instead addressing concerns through media statements. Ofori-Atta contends that this approach contravenes Article 23 of the Constitution, which guarantees administrative fairness.

As part of the reliefs being sought, the former Finance Minister is requesting:

• The immediate removal of his name and photograph from the OSP’s "Wanted" list.
• Compensation for reputational and psychological damages caused by the public declaration.
• Official responses from the OSP to outstanding legal inquiries submitted by his legal team.
• A court directive requiring the OSP to furnish his legal representatives with relevant documents for the investigation, in preparation for his return to Ghana.
• An injunction preventing the OSP from reissuing a declaration labeling him as a wanted individual.

Ofori-Atta’s legal challenge is expected to test the extent of the Special Prosecutor’s authority and the balance between investigative powers and individual rights under Ghanaian law.