OSP confirms receipt of Ofori-Atta’s legal challenge

The Office of the Special Prosecutor (OSP) has confirmed that Kenneth Ofori-Atta, the former finance minister, has filed a lawsuit challenging its earlier declaration labeling him a wanted person and fugitive.
According to a statement issued by the Special Prosecutor, Mr. Kissi Agyebeng, Mr. Ofori-Atta formally requested the OSP to remove his name from its wanted list.
He assured the OSP that he would make himself available for questioning on a definite date.
In response, the OSP, acting in good faith and based on Mr. Ofori-Atta’s assurance, granted his request and removed his name from the list of wanted persons, pending his attendance at the OSP on the agreed date.
The statement noted that Mr. Ofori-Atta is required to appear in person before the OSP on June 2, 2025.
“If Mr. Ofori-Atta fails to attend the OSP on the scheduled date, he shall be re-entered on the OSP’s list of wanted persons and the OSP shall consider him a fugitive from justice; whereupon the OSP will cause the issuance of an Interpol Red Notice in his regard and also cause the initiation of extradition proceedings in any jurisdiction in which he may be found,” it added.

Legal battle over OSP’s powers
The OSP reiterated its commitment to enforcing the law and ensuring that Mr. Ofori-Atta answers for his role as the prime suspect in five ongoing corruption-related investigations.

Meanwhile, Mr. Ofori-Atta has initiated legal action against the OSP, challenging the legality of his declaration as a “wanted” person and “fugitive from justice.”
The lawsuit claims that the OSP overstepped its statutory powers by making such declarations via a media briefing, violating his fundamental human rights and breaching Ghana’s constitutional provisions.
Filed at the High Court, Human Rights Division, the suit seeks several declarations, including that the OSP has no legal mandate to declare an individual wanted through a media briefing.
Mr. Ofori-Atta argued that such declarations fall under police jurisdiction and must be done with court approval.

Claims of rights violations
He claimed that by declaring him wanted without proper legal basis, the OSP 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 suit also argued that the unlawful declaration infringes on his personal liberty (Article 14) and freedom of movement (Article 21) as guaranteed by the 1992 Constitution.
It also claims violations of 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 accused the Special Prosecutor of professional misconduct, alleging that Mr. Kissi Agyebeng violated Article 23 of the Constitution by responding to Mr. Ofori-Atta’s solicitors through a media briefing instead of formal legal channels.

Relief sought by former finance minister
Mr. Ofori-Atta is seeking the removal of his photograph and details from the OSP’s wanted list, compensation for damages caused by the unlawful declaration, and a formal response from the OSP to outstanding legal correspondences from his solicitors.
He also requests the listing of required documents for investigation purposes, which should be served on his solicitors in anticipation of his return to Ghana.
The former minister is also seeking an injunction to prevent the OSP from re-declaring him a wanted person or a fugitive from justice.
With the legal battle unfolding, the case is expected to draw significant public and legal scrutiny as it tests the boundaries of the OSP’s powers in handling high-profile corruption cases.