Co-Chair of the Citizens Movement Against Corruption, Edem Senanu, has indicated that the actions of the legal team of former Finance Minister Ken Ofori-Atta led to the issuance of an Interpol Red Notice against their client.

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Speaking on Channel One on Sunday, June 8, Mr. Senanu criticised for their inability to justify Ofori-Atta's absence with adequate medical documentation.

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“Unfortunately, it appears that Mr. Ken Ofori-Atta and his lawyers left the OSP with no choice. From the earlier engagements, they had committed to ensuring that he would be available on June 2,” Senanu said.

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Ofori-Atta has appeared on Interpol's website for “using public office for profit" after being declared wanted by the OSP.

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This was after he failed to appear before the Office of Special Prosecutor (OSP) on Monday, June 2.

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His lawyers are said to have formally communicated the development to the OSP and the Human Rights Court, submitting medical reports that detail his current condition and outline scheduled surgical procedures.

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The OSP during an engagement with the press on Tuesday, June 3, 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.

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"He has failed to show any medical report that shows he is a medical risk."

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"We want him physically, and we insist on it," the OSP said, while noting that Mr Ofori-Atta cannot indicate the mode of investigation.

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"His conduct is totally unacceptable. We will no longer tolerate him."

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

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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.

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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.

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

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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.

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

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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.

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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.

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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.

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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.

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

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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.

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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.

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INTERPOL Red Notice

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

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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.

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

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

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