Former Finance Minister Ken Ofori-Atta has taken legal action against the Office of the Special Prosecutor (OSP) following its decision to declare him wanted. The lawsuit, filed in court, seeks to restrain the OSP from reissuing the declaration, which Ofori-Atta describes as baseless and unjustified.
The legal battle stems from the OSP’s earlier announcement branding the former minister a fugitive in connection with alleged corruption and financial misconduct. Ofori-Atta has, however, denied all allegations, maintaining that he has cooperated with the investigation through his legal representatives.
Legal Basis of the Lawsuit
In his lawsuit, Ofori-Atta argues that the OSP acted beyond its legal mandate by publicly declaring him wanted without following due process. He contends that the OSP does not have the statutory authority to use media briefings to label individuals as fugitives. According to him, such actions fall within the purview of the Ghana Police Service and cannot be executed without a court order.
Ofori-Atta maintains that the OSP’s decision to brand him a fugitive has had serious consequences, tarnishing his reputation and personal integrity. He insists that he has not absconded from the country and has always been available to respond to any legal inquiries. His legal team argues that the declaration of a person as wanted must follow strict legal guidelines, ensuring that the rights of individuals are not unjustly violated.
Key Demands in the Lawsuit
Ofori-Atta is asking the court to issue several declarations regarding the OSP’s actions, including:
- The OSP Lacks the Authority to Declare Someone Wanted: He argues that under Ghanaian law, only the Ghana Police Service has the statutory power to declare individuals wanted. The OSP, according to him, does not have such authority and cannot act outside its legally defined powers.
- The OSP Cannot Declare Anyone Wanted Without a Court Order: His suit asserts that even the Ghana Police Service must obtain leave of the court before publicly declaring a person wanted. He claims that the OSP’s unilateral decision to brand him a fugitive is unlawful.
- The OSP Must Follow Legal and Constitutional Limits: Ofori-Atta contends that 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), the OSP must operate within the legal boundaries set by the Constitution. He argues that the OSP’s actions in his case have exceeded those limits.
- Violation of His Fundamental Rights: The former minister insists that branding him a fugitive has violated his fundamental rights, including his right to personal liberty under Article 14 of Ghana’s 1992 Constitution. He also argues that his freedom of movement under Article 21 has been infringed upon. Additionally, he claims that the OSP’s actions violate Article 12 of the International Covenant on Civil and Political Rights (ICCPR) and Article 12 of the African Charter on Human and Peoples’ Rights (AfCHPR).
- Ghana’s International Treaty Obligations: Ofori-Atta asserts that any human rights violations committed by the OSP in his case also constitute a breach of Ghana’s international treaty obligations. He emphasizes that Ghana, as a signatory to the AfCHPR and ICCPR, must uphold the rights of individuals in all legal matters.
Impact on Ofori-Atta’s Reputation and Career
The former finance minister argues that the OSP’s declaration has caused irreparable harm to his reputation, both in Ghana and internationally. He asserts that he has built a strong career in public service and finance, and the allegations against him have unfairly damaged his credibility.
According to Ofori-Atta, the public branding of a person as a fugitive carries serious social and professional consequences. He notes that this declaration has not only affected his personal life but also his ability to engage in business and political activities. His legal team contends that the OSP’s actions have led to widespread public speculation, unfairly positioning him as guilty in the court of public opinion.
Broader Implications for Legal and Governance Systems
The case has sparked debate over the powers of the Special Prosecutor and the legal boundaries within which the office operates. Legal analysts argue that this lawsuit could have significant implications for future corruption investigations.
Some experts suggest that if the court rules in Ofori-Atta’s favor, it could set a legal precedent restricting how the OSP handles high-profile corruption cases. Others argue that the case highlights the need for clear guidelines on how law enforcement agencies and investigative bodies operate, particularly when making public declarations about individuals under investigation.
This lawsuit also raises questions about the balance between fighting corruption and protecting individual rights. While the OSP is tasked with investigating corruption and ensuring accountability, critics argue that due process must always be followed to prevent the abuse of power.
Next Steps in the Legal Battle
The court is expected to review Ofori-Atta’s claims and determine whether the OSP acted within its legal limits. Legal observers anticipate that this case could take several months to resolve, given its complexity and potential impact on Ghana’s legal system.
For now, Ofori-Atta’s legal team remains confident that the court will rule in his favor. They argue that the case is not just about him as an individual but about ensuring that all state institutions operate within the law.
The OSP, on the other hand, has not yet issued a detailed response to the lawsuit. However, legal experts expect that the Special Prosecutor’s office will defend its actions, arguing that its declaration was made in the interest of justice and accountability.
Conclusion
Ken Ofori-Atta’s lawsuit against the OSP marks a significant legal challenge to the powers of the Special Prosecutor. His case highlights concerns about due process, human rights, and the proper legal procedures for declaring individuals wanted.
As the legal battle unfolds, Ghanaians and the international community will be watching closely to see how the court rules on this matter. The outcome could have far-reaching implications for how corruption cases are handled and how investigative bodies operate in Ghana.
This case underscores the delicate balance between fighting corruption and upholding constitutional rights. Regardless of the verdict, the lawsuit will likely shape future legal discussions about the authority of the Special Prosecutor and the responsibilities of state agencies in ensuring justice while respecting individual freedoms.
