Ken Ofori-Atta Sues OSP For Declaring Him Wanted

Former Finance Minister Ken Ofori-Atta has filed a lawsuit against the Office of the Special Prosecutor (OSP) following its decision to declare him wanted.

Ofori-Atta is seeking a court injunction to prevent the OSP from reissuing the declaration, which he claims is baseless and unjustified.

The legal action follows the OSP’s announcement earlier this year, labeling him a fugitive in connection with alleged corruption and financial misconduct.

The former minister has consistently denied the allegations, insisting that he has cooperated with the investigation through his legal representatives.

In his suit, Ofori-Atta argues that the OSP’s actions have caused significant damage to his reputation and personal life.

He is asking the court to restrain the OSP from making any further declarations against him until the legal process is fully resolved.

Ofori-Atta is among other things seeking a declaration that

“a.) The Office of the Special Prosecutor (OSP) has no statutory powers to use Media Briefing to declare a person WANTED or “fugitive from justice”;

b.) The OSP has no powers other than what is provided for the Police to declare a person wanted and same cannot be done without leave of the Court;

c.) The Office of the Special Prosecutor, in exercising the powers of the Police as provided for under Section 28 of the Office of the Special Prosecutor Act, 2017 (Act 959), and the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374), is bound by the limits placed on the exercise of discretionary power as enshrined in the Service.

Instructions of the Police Service, under Article 200, and consistent with Article 296 of the Constitution 1992;

d.) The unlawful declaration of the Applicant as “WANTED” or “fugitive from justice” constitutes violation of his right of personal liberty as enshrined in Articles 14 of the 1992 Constitution; and right of free movement enshrined in Article 21 of the 1992 Constitution, Article 12 of the International Covenant on Civil and Political Right (ICCPR) as well as Article
12 of the African Charter on Human and People’s Rights (AfCHPR);

e.) Any act of the Office of the Special Prosecutor as a State Agency that violates the Applicant’s human rights will amount to a breach of Ghana’s international treaty obligations under the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights.”

 

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