Kofi Bentil, Vice President of IMANI Africa, criticized the Office of the Special Prosecutor (OSP) over its handling of corruption investigations involving former Finance Minister Ken Ofori-Atta, questioning why authorities have not pursued trial in absentia. Speaking on JoyNews’ Newsfile programme on Saturday, June 7, 2025, he challenged the constitutional basis for declaring individuals wanted before formal charges.
“Why has the OSP not prosecuted Ken Ofori-Atta in absentia? Our laws allow for someone to be tried in absentia. If Ken is not available, the Special Prosecutor should proceed to court and try him without his physical presence,” Bentil stated during the broadcast.
The policy analyst argued that declaring someone wanted for refusing to submit to investigation violates constitutional principles. “It is not constitutional for any institution to declare a person wanted because they did not submit themselves to investigation,” he asserted, referencing Articles 14 and 19 of Ghana’s 1992 Constitution regarding presumption of innocence.
Bentil emphasized that such actions could undermine fundamental legal rights. “Declaring him wanted and placing him on an Interpol list gives the impression that he is already guilty, which violates the principle of innocent until proven guilty,” he explained. He questioned why authorities with sufficient evidence have not filed formal charges allowing judicial proceedings.
The OSP declared Ofori-Atta wanted on June 2, 2025, after he failed to meet deadlines to appear for questioning. Special Prosecutor Kissi Agyebeng subsequently activated an International Criminal Police Organization (INTERPOL) Red Notice, requesting law enforcement worldwide to locate and provisionally arrest the former minister pending extradition proceedings.
Ofori-Atta’s legal team submitted medical documentation indicating he was receiving cancer treatment abroad and required surgical procedures. His attorneys, including Frank Davies, argued that medical records were provided in good faith but the OSP chose to ignore them. “The special prosecutor is not being sensitive to the issues at hand, especially knowing that Mr Ofori-Atta is unwell and receiving treatment,” Davies stated.
The OSP rejected requests for virtual questioning sessions, insisting on in-person appearance. Agyebeng told local media: “We will not countenance this conduct, not in this case.” The prosecutor’s notice listed multiple possible locations including the United States, United Kingdom, South Africa, Guyana, Hong Kong and Cayman Islands.
Investigations involve five separate corruption inquiries spanning petroleum revenues, electricity supply contracts, ambulance procurement and the controversial National Cathedral project. The OSP initiated investigations in January 2025, requesting Ofori-Atta’s appearance on February 10. His legal team responded with medical documentation offering remote cooperation but withholding firm return dates.
Specific cases under scrutiny include the loss reduction contract between Electricity Company of Ghana (ECG) and Beijing Jao, procurement issues related to National Cathedral construction, contracts awarded by the Health Ministry to Service Ghana Auto Limited for 307 Mercedes-Benz ambulances, and agreements involving SML and Ghana Revenue Authority (GRA). The OSP also examines payments from and utilization of GRA’s tax refund account.
Bentil advised Ofori-Atta against returning to Ghana under current circumstances. “If I had the right to advise Ken, I will tell him, don’t come to Ghana. Let them try you in absentia and do whatever they will do, and we will take it from there,” he recommended during the Newsfile interview.
The policy analyst acknowledged the OSP’s mandate while expressing constitutional concerns. “The Special Prosecutor, who we all worked to establish, is doing what I think is fair work. Somebody may say maybe he is being too aggressive, he necessarily must be aggressive,” Bentil noted, adding that aggressive pursuit must still respect constitutional boundaries.
Samuel Appiah Darko, Director of Research Strategy and Communication at the OSP, provided counterarguments during the same Newsfile broadcast. He stressed that Ghanaian statutes forbid trial in absentia until suspects are formally arrested and charged. Without arrest, the OSP maintains no legal basis exists for proceeding in any forum.
IMANI Africa published analysis characterizing the situation as a landmark test of Ghana’s rule of law. The organization questioned whether Article 19’s fair trial protections and the OSP Act’s investigative prerogatives could be reconciled. They suggested the case might prompt legislative reform establishing Mutual Legal Assistance frameworks balancing remote cooperation with enforcement mechanisms.
Former Deputy Finance Minister Abena Osei-Asare urged the OSP to maintain professionalism during investigations. “The OSP has a mandate, and I do not wish to comment on the ongoing matter involving Ken Ofori-Atta in the name of public accountability. The OSP must do what is expected of it, but I believe that in whatever we do, professionalism is key,” she stated on Joy FM’s Super Morning Show on June 9.
Ofori-Atta served as Finance Minister under former President Nana Akufo-Addo for seven years. President John Dramani Mahama’s administration has pursued accountability measures targeting former government appointees. The former minister’s current whereabouts remain publicly unknown as medical treatment continues abroad.
The constitutional debate centers on balancing aggressive anti-corruption enforcement with individual rights protections. Legal experts continue analyzing whether declaring individuals wanted before formal charges respects due process guarantees or whether procedural requirements mandate physical arrest before prosecution can commence.
