Former Finance Minister Ken Ofori-Atta has taken legal action by dragging the Office of the Special Prosecutor (OSP) to court for declaring him wanted over a corruption-related investigation.
The suit by Mr Ofori-Atta challenges the action of the OSP, insisting that the anti-corruption body exceeded its authority by taking the path of using a media briefing to declare him wanted and describing him as a “fugitive from justice.”
The suit filed at the Accra High Court on Thursday, March 13, avers that “The OSP has no powers other than what is provided for the police to declare a person wanted, and some cannot be done without the leave of court.”
The suit further accused the Special Prosecutor, Kissi Agyebeng, of professional misconduct in his handling of the case, which has generated a national debate.
Again, Mr. Ofori-Atta claims that Mr. Agyebeng violated Article 23 of the Constitution by responding to his solicitors via media briefing rather than through formal legal channels.
The suit demands several declarations by the Accra High Court, 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).
Furthermore, Mr. Ofori-Atta is seeking the following:
• 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.