Former Finance Minister Ken Ofori-Atta has taken the Office of the Special Prosecutor (OSP) to court, challenging the legality of being labeled a "wanted" person and a "fugitive from justice."

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He argues that the OSP exceeded its legal mandate by making such declarations through a media briefing, violating his fundamental human rights and breaching constitutional provisions.

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The OSP declared Ofori-Atta wanted last month, stating that he had refused to cooperate with its investigations into corruption-related matters.

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However, in his legal action filed at the High Court’s Human Rights Division, he insists that the OSP has no legal authority to make such declarations through the media.

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He maintains that only the police, with court approval, have the jurisdiction to declare individuals wanted. He further asserts that the OSP’s actions exceeded its powers under the Office of the Special Prosecutor Act, 2017 (Act 959) and the Office of the Special Prosecutor (Operations) Regulations, 2018 (LI 2374).

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Ofori-Atta also claims that the declaration violates his personal liberty and freedom of movement as enshrined in Articles 14 and 21 of the 1992 Constitution. He argues that the move also contravenes international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (AfCHPR).

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The suit filed at the High Court, Human Rights Division calls for several declarations, including:

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The OSP has no legal mandate to use media briefings to declare an individual wanted. Ken Ofori-Atta argues that such declarations fall under police jurisdiction and must be done with court approval.

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By declaring him wanted without proper legal basis, the OSP allegedly exceeded its authority under the Office of the Special Prosecutor Act, 2017 (Act 959) and the Office of the Special Prosecutor (Operations) Regulations, 2018 (LI 2374).

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The alleged unlawful declaration infringes on his personal liberty (Article 14) and freedom of movement (Article 21) as enshrined in the 1992 Constitution. It also violates international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and People's Rights (AfCHPR).

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In addition, the lawsuit accuses Special Prosecutor Kissi Agyebeng of professional misconduct. Ofori-Atta contends that Agyebeng acted improperly by responding to his solicitors through a media briefing rather than through formal legal procedures, thereby violating Article 23 of the Constitution.

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As part of his demands, Ofori-Atta is seeking the removal of his photograph and details from the OSP’s Wanted List, compensation for damages suffered due to the declaration, and formal responses from the OSP to pending legal correspondence from his solicitors.

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He is also requesting that the OSP provide a list of required documents related to the investigation to be served on his legal team ahead of his return to Ghana. Additionally, he seeks an injunction preventing the OSP from reclassifying him as a wanted individual or a fugitive from justice.

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