Private legal practitioner Frank Davies has fired back at the Office of the Special Prosecutor, insisting that his client, former Finance Minister Ken Ofori Atta, isn’t running from prosecution and will appear in court when formally charged.
Davies made this declaration on Joy FM’s Top Story on Thursday, October 31, responding to the OSP’s announcement that Ofori Atta and several other former government officials will be charged by the end of November 2025.
“Is that part of your business? Is that something of utmost concern to you? They should charge him and bring it. If he’s charged, he will come. He has until the end of November,” Davies stated during the interview.
Then came the pointed declaration: “Ken Nana Yaw Kuntukununku Ofori Atta is not scared of prosecution. So why are you asking me his question? He is not scared of prosecution, and that should be an adequate answer for you.”
Davies questioned the motive behind the OSP’s press conference, arguing that the office should proceed to court if it already intends to prosecute. His frustration was evident as he challenged Special Prosecutor Kissi Agyebeng’s approach to the matter.
“The style the OSP and Attorney General have adopted, organising pressers to condemn accused persons in the court of public opinion. A trained lawyer’s place is in the courtroom, not standing behind microphones and spewing long and unnecessary English,” Davies said.
“I mean, even as of now, he says he is going to charge him in November. So, why come and waste everybody’s time with this presser?” Davies asked rhetorically.
The lawyer described the OSP’s recent press conference as unnecessary and accused Agyebeng of turning serious legal matters into public theatrics. “Coming to narrate and talk long and needless English is a conviction in itself. He says he’s going to charge him; he should go ahead and stop this gimmicking. Come on, is this the first time the OSP has come out to say something about Ken Ofori Atta?”
Davies’s comments reflect growing tensions between Ofori Atta’s legal team and the OSP over what the former describes as a prolonged media campaign against their client rather than straightforward prosecution.
At Thursday’s press briefing, Agyebeng described the controversial contract between the Ghana Revenue Authority and Strategic Mobilization Limited as “a masterful and mischievously crafted scheme” orchestrated by Ofori Atta. The Special Prosecutor identified the former Finance Minister as “the chief patron”, supporter, and promoter of the SML deal, alleging that both Ofori Atta and SML management acted “with criminal intent”.
According to the OSP’s report, the scheme began shortly after Ofori Atta assumed office as Minister of Finance in January 2017. Between 2018 and 2024, SML received a total of GH¢1.43 billion from the state, despite doing little to justify such payments.
The OSP found that under contracts signed in June 2018, January 2019, and April 2019, SML failed to deliver any tangible service yet was consistently paid by the GRA. The company neither submitted the required invoices nor produced the expected audit reports, but payments were made automatically and without verification.
In one instance, on November 12, 2020, Ofori Atta directed the Controller and Accountant General to release over GH¢65 million to GRA to pay SML for “downstream petroleum audits”, a service which the OSP found had not been delivered.
Those expected to face charges alongside Ofori Atta include Ernest Akore, former Chef de Cabinet to the Finance Minister; Emmanuel Kofi Nti, former Commissioner General of the GRA; Rev. Ammishaddai Owusu Amoah, former Commissioner General of the GRA; and Isaac Crentsil, former Customs Commissioner and General Manager of SML.
Ofori Atta was identified by the OSP in January 2025 as a suspect in several corruption related cases involving irregularities in contracts with SML, expenditures linked to the National Cathedral project, and issues surrounding health and tax refund operations. He was declared a fugitive the following month after failing to respond to multiple OSP summonses.
Although his lawyers requested the removal of his name from the wanted list with assurances of his return, he failed to appear before the OSP again in June 2025. This led to the reinstatement of his fugitive status and the activation of an Interpol Red Notice to facilitate his extradition.
Ten months after being declared wanted, Ofori Atta remains at large, reportedly in the United States. His legal team has previously stated he’s recovering from surgery and has offered to participate in electronic video conferences, which they say the law permits.
Whether the former Finance Minister will indeed return to face prosecution in November, as his lawyer suggests, remains one of the most watched developments in Ghana’s anti corruption efforts. For now, Frank Davies wants everyone to know one thing: Ken Ofori Atta is not scared.
