Ken Ofori-Atta unable to meet OSP due to health concerns

Former Finance Minister Ken Ofori-Atta will not appear before the Office of the Special Prosecutor (OSP) on Monday, June 2, as previously scheduled. Sources close to him say his health has taken a turn for the worse, preventing him from attending in person.

His legal representatives have submitted medical documentation to both the OSP and the Human Rights Court, detailing his current health status and planned surgical procedures.

This development has sparked speculation over whether the Special Prosecutor, Kissi Agyebeng, might reissue a declaration listing Mr. Ofori-Atta as a wanted individual if he fails to show up as required. A recent OSP statement hinted strongly that this remains a possibility.

Currently, Mr. Ofori-Atta is involved in a legal dispute with the OSP at the Human Rights Court. He is challenging a previous move by the Special Prosecutor that labeled him a wanted person. The court is expected to rule on the matter on June 18, 2025.

In a May 28 update on its official X (formerly Twitter) account, the OSP confirmed:

“The Human Rights Court has adjourned to 18 June 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, among other reliefs.”

Mr. Ofori-Atta is also requesting the removal of past wanted notices from the OSP’s social media platforms. His legal team moved the motion, which is being contested by the OSP.

In the meantime, reports suggest Mr. Ofori-Atta has proposed to cooperate virtually with investigators through video conferencing, in accordance with the Electronic Transactions Act. This would allow him to give a cautioned statement remotely while he continues treatment.

The OSP has not yet responded officially regarding this proposal or indicated how it intends to proceed.

Matters Under Investigation

Mr. Ofori-Atta has been implicated in multiple cases currently under the scrutiny of the OSP. These include:

• Petroleum and Minerals Revenue Assurance: Questions around contracts between Strategic Mobilisation Ghana Ltd and the Ghana Revenue Authority (GRA).
• Termination of ECG-BXC Contract: Concerns regarding the cancellation of a deal between the Electricity Company of Ghana and Beijing Xiao Cheng Technology.
• National Cathedral Project: Investigations into procurement procedures and financial management.
• Ambulance Procurement: Involves a Health Ministry contract with Service Ghana Auto Group for 307 ambulances.
• GRA Tax P-Fund: Issues surrounding the disbursement and management of funds from the GRA’s Tax P-Fund Account.

Chronology of Events

• January 2025: OSP officially names Mr. Ofori-Atta as a suspect in five investigations and summons him for questioning on February 10.
• January 31, 2025: His lawyers inform the OSP he is abroad for medical reasons and cannot return anytime soon. They offer to represent him.
• February 5, 2025: The OSP rejects the indefinite absence claim, asking for a specific return date by February 10. It reminds that legal representatives cannot respond to criminal charges on his behalf.
• February 10, 2025: His legal team submits a doctor’s note stating he is undergoing tests and may need surgery but provides no return date.
• February 12, 2025: With no further updates, the OSP declares him a fugitive and activates an arrest warrant.
• February 18, 2025: Mr. Ofori-Atta offers a firm return date in May. The OSP accepts this and removes him from its list of wanted individuals.

Legal Dispute

• March 2025: Mr. Ofori-Atta files a suit against the OSP and the Special Prosecutor, seeking damages and requesting the removal of any online declarations labeling him as wanted.
• March 28, 2025: The Human Rights Court hears an application seeking to bar the OSP from re-declaring him wanted.

What Lies Ahead

• June 2, 2025: Mr. Ofori-Atta was due to appear before the OSP. However, his deteriorating health has prevented this. If he fails to cooperate, the OSP has warned it may:
  • Add his name back to its wanted list
  • Declare him a fugitive once more
  • Begin steps to issue an INTERPOL Red Notice

The situation remains fluid, with the OSP yet to provide an updated response.

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