Former Special Prosecutor Martin Amidu has chided his successor, Kissi Agyebeng, for what he believes to be an ill-treatment of former Finance Minister Ken Ofori-Atta, who has been declared “wanted” on Interpol's official website.

Ofori-Atta's appearance on Interpol's website comes at a time when the Office of the Special Prosecutor (OSP) has re-declared him wanted.

The OSP's re-declaration is due to Ofori-Atta's failure to honor the office's invitation for an interrogation on Monday, June 2.

The legal team of the former finance minister had requested a virtual session for a probe into allegations of financial loss to the state, citing deterioration in Ofori-Atta's health.

However, the OSP refused and issued an Interpol Red Notice. It noted the failure of the former minister to inform the OSP of changes in medical procedure that were to have happened in March of this year.

Reacting to this in a postscriptum titled "THE 5 PM OSP MEDIA CONFERENCE ON OFORI-ATTA", Mr Amidu noted that the comments by the Special Prosecutor on Mr Ofori-Atta's health were disparaging.

"It was utter nonsense to hear the Special Prosecutor, Kissi Agyebeng, say in respect of Ken Ofori-Atta that: “The principle upon which we proceed is that – no person, regardless of title, status, or medical condition, is beyond the reach of inquiry by the OSP.”

He recalled a situation where former Chief Justice I. K. Abban made light of Mr Justice G. E. K. Aikin’s prostrate cancer with disparaging statements about him and later was inflicted with the same illness.

"Justice Abban in the fullness of time also developed prostrate cancer and died twelve days after being blackmailed to voluntarily retire on 9 April 2001 as Chief Justice at the age of 67 on pain of impeachment on 21 April 2001, more than a decade before Justice Aikins passed on, on 17 April 2013 aged 89.

Former Chief Justice George Acquah also took advantage of former Chief Justice E. K. Wiredu’s stroke and coma to manoeuvre with the same two other blackmailing collaborators (one of whom is still alive) to succeed him under the ruse of a resignation or voluntary retirement which Chief Justice Wiredu could not have signed while in coma at the Cardiothoracic Unit of Korle Bu Teaching Hospital. Justice Wiredu was flown abroad still in coma only to recover and return to learn to his annoyance that he had voluntarily retired as Chief Justice.

But he lived to attend Chief Justice George Acquah’s funeral at the State House when he died of brain tumour, a cancer. The video of the funeral showed Mr. Justice E. K. Wiredu stopping by the casket, holding it, and saying something to the corpse."

He therefore advised Mr Kissi Agyebeng not to make light of Ken Ofori-Atta’s ailment, "for his own future health status is unpredictable."

Mr Amidu stressed that Ken Ofori-Atta is entitled to his privacy and human dignity under the 1992 Constitution.

"It is unprofessional for an investigator and prosecutor to go after the person of the suspect instead of the crime. Power is ephemeral!"

He also noted that name and shame is not part of the criminal justice administration of this country.

"That is the hall mark of an incompetent and unprofessional investigator and prosecutor. Indeed, it is the hall mark of anti-corruption entrepreneurs," he added.

In February, the OSP declared Ofori-Atta wanted for causing financial loss to the state in several dealings, which include the following:

Contractual arrangement between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority for the stated objective of the enhancement of revenue assurance in the downstream petroleum sector, upstream petroleum production, and minerals and metals resource value chain.

Termination of a distribution, loss reduction, and associated network improvement project contract between the Electricity Company of Ghana Limited and Beijing Xhao Chen Technology BXC.

Procurement of contractors and materials and activities and payments in respect of the National Cathedral project

Activities and payments in respect of a contract awarded by the Ministry of Health initially commenced by the Ministry for Special Development Initiative to service Ghana Auto Group Limited for purchases and after-sales service and maintenance of 307 Mercedes-Benz Sprinter 304 5 CDI Ambulances for the National Ambulance Service.

Payments out of and utilization of the tax refund account of the Ghana Revenue Authority.

Later, the legal representatives of the former finance minister informed the OSP that their client is currently undergoing medical treatment in the United States and is unable to honor an invitation for questioning.

Ofori-Atta then assured the OSP of its commitment to appearing for questioning on a fixed date, which influenced the OSP's decision to temporarily take his name off the list in March.

However, the office stressed that he is legally obligated to show up on June 2. Failure to do so, an Interpol Red Notice would be issued and extradition proceedings would be initiated in any country where he may be located.

Ken Ofori-Atta then took legal steps to block the OSP from re-declaring him wanted. His lawsuit argues that the agency’s actions are baseless and unjustified.

Ofori-Atta has dismissed allegations of financial misconduct and corruption, insisting that he has been cooperating with investigators through his legal representatives.

In his court filing, he contends that the OSP’s actions have inflicted serious harm on his reputation and personal life. He is seeking a legal injunction to prevent further declarations against him until the case is fully resolved.

The Human Rights Court has adjourned to June 18 for a ruling on the motion filed by the former Finance Minister, seeking to restrain the OSP from declaring him wanted, among other reliefs.

INTERPOL Red Notice

A Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.

It is based on an arrest warrant or court order issued by the judicial authorities in the requesting country. Member countries apply their own laws in deciding whether to arrest a person.

INTERPOL cannot compel the law enforcement authorities in any country to arrest someone who is the subject of a Red Notice.

Each member country decides what legal value it gives to a Red Notice and the authority of their law enforcement officers to make arrests.