A prominent lawyer has urged the Office of the Special Prosecutor (OSP) to proceed with corruption charges against former Finance Minister Ken Ofori-Atta while cautioning against violations of constitutional rights during the prosecution process.
Nii Kpakpo Samoa Addo, a lawyer and National Democratic Congress (NDC) member, spoke on The Forum program on Asaase Radio about the constitutional framework governing criminal prosecutions. He emphasized that prosecutors possess the authority to file charges once sufficient evidence has been gathered without requiring input from accused persons beforehand.
“If the evidence is available, go ahead and charge the person,” Samoa Addo stated. “Once you file the charge sheet, the person is put on notice. And the constitution is clear.”
The lawyer’s comments follow an October 30 announcement by Special Prosecutor Kissi Agyebeng that corruption charges against Ofori-Atta and five other former government officials will be filed by the end of November 2025. The charges stem from investigations into alleged financial irregularities linked to contracts between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Ghana Limited (SML).
Samoa Addo stressed the importance of balancing prosecutorial authority with constitutional protections for accused persons. He noted that while prosecutors have the power to act independently, they must respect due process and the fundamental right to a fair hearing.
“Every person has the right to be heard before you take actions that affect their rights,” the lawyer explained. “That is a fundamental principle of our law.”
He addressed situations where legal representatives of accused persons seek alternative investigative procedures that prosecutors find unacceptable. In such circumstances, nothing prevents prosecutors from moving forward with formal charges, according to Samoa Addo.
The lawyer clarified that accused persons bear no obligation to assist prosecution efforts against themselves. However, he argued that investigative processes should still afford them fair opportunities to respond to allegations in order to meet constitutional standards.
“You do not have an obligation to aid the prosecution, but to conform to constitutional standards, you ought to be heard,” Samoa Addo said. “Once the legal representatives of the accused persons have told you that this is the option they want, and it is not agreeable to you, nothing prevents you from going ahead to charge him.”
The OSP investigation has revealed evidence of alleged corruption, abuse of office, and breaches of procurement laws in the awarding and execution of revenue assurance contracts between GRA and SML. Special Prosecutor Agyebeng described the findings as showing overwhelming evidence of procurement irregularities and poor value for money outcomes.
Those facing charges alongside Ofori-Atta include Ernest Akore, former Chef de Cabinet to the Finance Minister; Emmanuel Kofi Nti and Dr Ammishaddai Owusu-Amoah, both former Commissioner-Generals of GRA; Isaac Crentsil, former Commissioner of the Customs Division and current General Manager of SML; and Kwadwo Damoah, former Commissioner of the Customs Division and current Member of Parliament for Jaman South.
The Special Prosecutor has stated that his office will seek recovery of funds allegedly lost to the state through the controversial contracts. The OSP plans to recover 125 million Ghana cedis from SML itself, describing the amount as unjust enrichment resulting from overpayments for services that were substandard, minimally performed, or not rendered at all.
Ofori-Atta reportedly left Ghana following the New Patriotic Party’s (NPP) loss in the 2024 elections. The OSP issued a red notice through Interpol after attempts to secure his voluntary return failed. His lawyer Frank Davies has stated that the former Finance Minister is not afraid of prosecution and will return to face charges if formally indicted.
