Special Prosecutor, Kissi Agyebeng, has stressed that the Office of the Speccial Prosecutor (OSP) is driven by principles and not personalities.

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His comment comes on the back of criticisms surrounding his decision to declare former Finance Minister, Ken Ofori-Atta, wanted for a probe into allegations of financial loss to the state.

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During a press briefing on Monday, June 2, Mr Agyebeng defended his stance by re-declaring Ken Odori Atta as a wanted man, insisting he is not above the law.

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“The OSP stands for this: we do not regard persons, we do not regard titles, we do not regard your status in life. Everyone is the same to us. No one is beyond our purview. Everyone is fair game if we think you are our suspect in a criminal enquiry,” he told the media.

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The legal team of former Finance Minister Ken Ofori-Atta requested a virtual session with the Office of the Special Prosecutor for a probe into the allegations leveled against him, but this request was denied.

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Ken Ofori-Atta was expected to appear before the Office of Special Prosecutor (OSP) on Monday, June 2, however, that did not happen.

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His legal team is 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 has denied the aforementioned information.

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Mr Ofori has thus been declared a wanted person again, and an Interpol Red Notice has been issued.

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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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