A Human Rights Court in Accra has dismissed an injunction application by former Finance Minister Ken Ofori-Atta, who sought to stop the Office of the Special Prosecutor from issuing public wanted notices.
The court also imposed a GH¢5,000 fine on the applicant, signalling its displeasure with what it may have viewed as an attempt to frustrate legitimate law enforcement proceedings.
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The Human Rights Court has dismissed an application by former Finance Minister Kenneth Ofori-Atta, who sought to prevent the Office of the Special Prosecutor (OSP) from declaring him wanted ahead of his scheduled appearance on 2 June 2025.
Mr Ofori-Atta, who is under…
— Office of the Special Prosecutor-Ghana (@ospghana) June 18, 2025
Background to the legal battle
The legal confrontation between Ofori-Atta and the OSP has been brewing for months.
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Mr Ofori-Atta left the jurisdiction on or around 2 January 2025.
On 24 January 2025, the OSP communicated to Mr Ofori-Atta that the OSP considered him a suspect in respect of four of the cases described above.
The former finance minister, who served between 2017 and 2024, departed Ghana shortly after the change of government.
The warrant, which was displayed during the discussion, was titled “Warrant of Arrest in the Supreme Court of Ghana” and was dated February 12, 2025.
It was stated in the letter that Ken Ofori-Atta had been accused of “using public office for private profit”.
This Supreme Court-issued warrant forms the legal basis for the OSP’s pursuit of the former minister.
OSP’s firm stance on physical appearance
The Office of the Special Prosecutor has maintained an unwavering position that Ofori-Atta must appear physically for questioning. If we were amenable to taking any statement from Ken Ofori-Atta in absentia, we would have done so in February and not waited till June 2, 2025.
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We want him here physically, and we insist on it. A suspect in a criminal investigation does not pick and choose how the investigative body conducts its proceedings
According to statements from the Special Prosecutor’s office.
This stance came in response to requests from Ofori-Atta’s legal team for virtual engagement due to reported health concerns.
Former Finance Minister Ken Ofori-Atta will not be appearing before the Office of the Special Prosecutor (OSP) on Monday, June 2, as previously planned, due to an unanticipated decline in his health.
His legal representatives had formally requested an online meeting alternative, which the OSP categorically rejected.
Escalation to fugitive status
Following Ofori-Atta’s failure to appear on the scheduled date of June 2, 2025, the OSP took decisive action.
The Office of Special Prosecutor (OSP) on Monday re-declared Mr Kenneth Nana Yaw Ofori-Atta, the former Minister of Finance, a wanted person and a fugitive from justice. This was after Mr Ofori-Atta failed to voluntarily return to Ghana and appear before the OSP to answer to alleged criminal charges.
The re-declaration as a fugitive represents an escalation in the legal proceedings and demonstrates the OSP’s determination to bring the former minister to account for alleged financial misconduct during his tenure in office.
Interpol red notice
The case has taken on an international dimension with the involvement of Interpol. Ken Ofori-Atta appears on Interpol’s red notice as a wanted man for using public office for profit, according to multiple reports.
This development significantly complicates any attempts by the former minister to evade the Ghanaian authorities and suggests that international cooperation is being sought to facilitate his return.
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The Interpol Red Notice is a significant law enforcement tool that enables international police cooperation in locating and provisionally arresting individuals pending extradition.
Its issuance indicates that Ghanaian authorities are treating the matter with utmost seriousness and are prepared to use international mechanisms to secure Ofori-Atta’s return.
Pattern of legal challenges
Wednesday’s court ruling represents the latest in a series of legal manoeuvres by Ofori-Atta’s legal team to challenge or delay the actions of the special prosecutor.
The Human Rights Court has adjourned to June 18, 2025, for a ruling on a motion filed by former Finance Minister Kenneth Ofori-Atta, seeking to restrain the Office of the Special Prosecutor (OSP) from declaring him wanted.
Mr Ofori-Atta is also asking the court to order the OSP to remove previous declarations from its social media platforms and other public forums.
The comprehensive nature of these legal challenges suggests a coordinated strategy to frustrate the OSP’s investigations.
However, the consistent dismissal of these applications by the courts indicates judicial support for the prosecutor’s mandate and methods.
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