A Human Rights Court has thrown out an application filed by former Finance Minister, Ken Ofori-Atta, seeking to stop the Office of the Special Prosecutor (OSP) from labeling him a wanted person.
The court, presided over by Justice Kwame Amoako, ruled that the application for an interlocutory injunction lacked merit and failed to meet the necessary legal threshold.
The judge emphasized that Ken Ofori-Atta did not demonstrate how he would suffer irreparable harm should the injunction be denied.
As a result, the court awarded costs of GH¢5,000 against the former Minister.
Ofori-Atta had argued that the OSP’s decision to declare him wanted violated his constitutional rights to dignity, fair treatment, and administrative justice. He also sought compensation for reputational damage and asked the court to compel the OSP to delete related posts from its social media platforms.
The controversy began on February 12, 2025, when the OSP issued a public notice stating that Mr. Ofori-Atta was a fugitive from justice.
The office cited his repeated failure to honour invitations for questioning in connection with ongoing corruption investigations.
In response, Ofori-Atta’s legal team described the OSP’s action as arbitrary and unjust. They insisted their client was not evading the authorities but was instead facing serious health issues and undergoing preparations for surgery—information they claimed had been communicated to the OSP in advance.
Following assurances that Ken Ofori-Atta would return to Ghana, the OSP removed his name from the wanted list on February 18, 2025.
Nonetheless, the former Minister pursued legal redress, arguing that the OSP overstepped its statutory powers under the Office of the Special Prosecutor Act, 2017 (Act 959), and the associated Operational Regulations (LI 2374).
He maintained that only the police, with court approval, have the authority to declare individuals wanted.
According to Ofori-Atta, the OSP’s actions violated his constitutional rights to personal liberty (Article 14) and freedom of movement (Article 21), as well as Ghana’s obligations under international human rights treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and People’s Rights.
Despite these claims, the court held that the application did not establish a sufficient legal basis to grant the interim reliefs sought.
