Vice-President of IMANI Africa, Kofi Bentil, has stated that the Office of the Special Prosecutor (OSP)'s decision to re-declare former Finance Minister Ken Ofori-Atta wanted for not appearing before the office is unconstitutional.

In an interview with JoyNews on Saturday, June 7, Mr Bentil noted that “It is not constitutional for any institution to declare a person wanted because they did not submit themselves to investigation.”

His comments are a reaction to OSP's move to place Ofori-Atta on the list of wanted persons despite allegedly submitting a medical excuse for his absence 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.

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.

Meanwhile, Ofori-Atta has appeared on Interpol's website for “using public office for profit.”