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Ken Ofori-Atta can be tried in absentia – Prof Abotsi tells OSP

By Laud Nartey
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Ken Ofori-Atta can be tried in absentia – Prof Abotsi tells OSP

Former Finance Minister Ken Ofori-Atta

Former Finance Minister Ken Ofori-Atta can be tried even when he is still out of the country, Dean of the University of Professional Studies, Accra (UPSA), Law School, Professor Ernest Kofi Abotsi, has reminded the Office of the Special Prosecutor (OSP).

To him, the OSP can still go ahead and interrogate Mr Ofori-Atta despite his being out of the jurisdiction.

He also cautioned Mr Ofori-Atta that staying out of the jurisdiction and not rendering accountability for his stewardship does not bode well for him.

He urged the former Minister to avail himself of the best lawyers to defend him during interrogation and even trial.

In a post on his X page, Prof Abotsi said, “The ongoing Ken Ofori Atta saga is puzzling! The posture of both sides surprises me as I see neither side winning with the approach adopted!

“With law affording options out of the maneuvering of parties, interrogatories could be a way out of getting his evidence and he can be tried in absentia should threshold evidence be secured and he still continues to stay outside of the jurisdiction.

“With the indulgence of the OSP of him thus far, the latter stands to lose more remaining outside  of the jurisdiction than availing himself of the best defence at the investigative stage or trial.”

The Special Prosecutor, Kissi Agyebeng, has declared Ken Ofori-Atta a wanted person again. He made a declaration at a media briefing in Accra on June 2.

“It is three hours past the agreed time for Ken Ofori-Atta to attend upon the Office of the Special Prosecutor. He has failed to do so. In view of this, as stated before. I have directed that he should be placed on the wanted list again,” he declared.

He explained that “Illness is not a shield from accountability—unless certified as incapacitating.”

Mr Agyebeng added, “I have also directed that INTERPOL should be involved to extradite him to face prosecution.”

The Special Prosecutor further noted that the Office will commence prosecution of Mr Ofori-Atta, “even if in absentia.”

The OSP is investigating Mr. Ofori-Atta in connection with five high-stakes cases linked to his tenure under President Nana Addo Dankwa Akufo-Addo. These include:

Key Issues Under Investigation:
    • Petroleum and Minerals Revenue Assurance:
      Contractual arrangements between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority (GRA).
    • Electricity Company Contract Termination:
      The termination of a contract between the Electricity Company of Ghana and Beijing Xiao Cheng Technology (BXC).
    • National Cathedral Project:
      Procurement procedures and financial transactions related to the National Cathedral.
    • Ambulance Procurement:
      A Ministry of Health contract with Service Ghana Auto Group Limited for purchasing and maintaining 307 ambulances.
    • GRA Tax P-Fund Management:
      Handling and disbursement of funds from the Tax P-Fund Account of the GRA.

In January 2025, the OSP officially designated Mr. Ofori-Atta a suspect and requested his personal appearance.

After months of delay, the OSP warned that any further absence would result in Mr. Ofori-Atta being declared a fugitive again.

According to the latest OSP statement, if he fails to appear on June 2, he will be re-listed as wanted, and the OSP will initiate a request for an INTERPOL Red Notice  to facilitate international arrest.

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Laud Nartey is an online editor with current affair team at Media General, operators of TV3 Ghana, 3News.com and more. Email: Laud.Nartey@editors.3news.com

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