Frank Davies, a member of the legal team representing former Finance Minister Ken Ofori-Atta, has criticised the Office of the Special Prosecutor (OSP) for what he describes as unfair treatment being meted out to his client.

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Speaking to Citi News, Frank Davies bemoaned the Office of the Special Prosecutor (OSP)'s refusal to grant Ofori-Atta’s request to engage the office virtually due to medical complications.

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“Ken Ofori-Atta has been unwell for some time now — this is public knowledge. His medical condition did not begin after the government left office. He has been receiving treatment and has been outside the country for several months. Based on medical advice, the circumstances have changed, and that is why the June 2 appointment must be reconsidered.

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“Is physical presence the only legal form of engagement in this country? Has the Electronic Transactions Act ceased to apply? We hold video interviews with our loved ones and colleagues across the world every day — why should this be different?” he questioned.

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Ofori-Atta is expected to appear before the OSP today, Monday, June 2, for questioning over several dealings he oversaw while in office that have caused financial loss to the state.

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Mr Ofori Atta risks being declared a wanted person again and issued an Interpol Red Notice should he fail to appear before the OSP after assuring the office of his presence today, Monday, June 2.

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Meanwhile, his legal team has reportedly 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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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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