The Alliance for Accountable Governance (AFAG) has written a petition to the Office of the Special Prosecutor (OSP), seeking its clarification on the basis for which it claimed that the raid on the residence of former Minister of Finance, Ken Ofori-Atta, was staged.
According to AFAG, the claim by the OSP is complex and brings about a lot of legal debates.
“The OSP should clarify the basis for claiming that the raid on the residence of former Finance Minister Ken Ofori-Atta was staged. Public interest, transparency, and accountability are crucial for maintaining public trust, particularly in high-profile cases,” the statement said.
AFAG also questioned the authority of the OSP to make such a claim about the raid that happened in the house of the former minister.
“If this assertion is incorrect, the OSP risks damaging its credibility. The OSP has not presented enough evidence to substantiate the claim that the raid was staged, making the assertion speculative or unfounded.
“Many Ghanaians naturally question whether the OSP possesses substantial evidence for the claim that Ken Ofori-Atta orchestrated the raid on his own home. What might his motives be for employing armed individuals to break into and thoroughly ransack his residence?” the statement added.
The group has also called for the resignation of the SP unless he is able to properly justify the claims about the former finance minister.
Ken Ofori-Atta was declared ‘Wanted’ by the Office of the Special Prosecutor on Wednesday, February 12, 2025, when the Special Prosecutor, Kissi Agyebeng, addressed a press conference in Accra.
He stated that Ofori-Atta is wanted for corruption and corruption-related offences in a number of cases his office was investigating, including the loss reduction contract between ECG and Beijing Jao, procurement over the National Cathedral, contracts awarded by the Health Ministry to Service Ghana Auto Limited/Ambulances, and the SML-GRA deal.
Read AFAG’s full petition below:
JUSTIFY KEN’S SELF-RAID OR RESIGN: AFAG TO OSP
The situation involving the Office of the Special Prosecutor (OSP), headed by Kissi Agyebeng and former Finance Minister Ken Ofori-Atta, is complex and hinges on legal procedures and perceptions of justice. The allegations regarding whether the raid on Ken Ofori-Atta’s residence was staged and the decision to officially declare him an absconder in four high-profile corruption probes have become focal points of discussion.
ALLEGATION OF A STAGED RAID
Kissi Agyebeng claimed that the raid on the residence of former Finance Minister Ken Ofori-Atta was orchestrated without any evidence. Making such allegations without firm proof could result in public distrust of the OSP and considerable reputational damage to the former Finance Minister.
If this assertion is incorrect, the OSP risks damaging its credibility. The OSP has not presented enough evidence to substantiate the claim that the raid was staged, making the assertion speculative or unfounded.
Many Ghanaians naturally question whether the OSP possesses substantial evidence for the claim that Ken Ofori-Atta orchestrated the raid on his own home. What might his motives be for employing armed individuals to break into and thoroughly ransack his residence?
Declaring Ken Ofori-Atta Wanted
Declaring someone “wanted’ typically occurs when the person refuses to cooperate, evades law enforcement, or disregards a lawful summons. The OSP’s declaration of Ken Ofori-Atta as a wanted man implies that the former Finance Minister has ignored these conditions.
Is that truly what occurred?
Since the press conference on 12 February 2025, the OSP has not presented clear evidence of Ken Ofori-Atta’s non-cooperation. This is concerning, as it may create an impression that the public perceives as politically motivated.
AFAG’s Position
AFAG’s position is as follows:
The OSP should clarify the basis for claiming that the raid on the residence of former Finance Minister Ken Ofori-Atta was staged. Public interest, transparency, and accountability are crucial for maintaining public trust, particularly in high-profile cases.
In its mission to combat corruption, the OSP may feel compelled to act swiftly in high-stakes investigations involving public figures. Consequently, the declaration could be justifiable if the OSP possesses credible evidence of obstructing or concealing assets. Nevertheless, no individual can be declared a fugitive without obtaining an arrest warrant and ensuring a fair hearing.
Once again, if Ken Ofori-Atta was given ample opportunity to comply but chose to resort to legal and administrative manoeuvres to avoid compliance, then the OSP’s approach could be deemed justifiable. However, the OSP did not clarify whether Ken Ofori-Atta attempted to evade the law.
Conclusion
The 1992 Constitution guarantees every citizen the right to a fair trial and protection from arbitrary arrest or labelling as a fugitive. Declaring someone a fugitive without due process could infringe upon these constitutional rights.
If the OSP failed to follow due process before labelling Ken Ofori-Atta a fugitive, it could harm the OSP’s credibility. We would like the OSP to provide the public with the relevant details that ultimately led to the decision to declare the former minister wanted.
Declaring Ken Ofori-Atta a fugitive without an arrest warrant and a fair opportunity for him to respond is improper and legally questionable. The failure to substantiate the allegation that he staged the raid regarding the circulating CCTV footage from his residence demonstrates the OSP’s bias, lack of credibility, and maturity; therefore, the OSP should resign.
-SIGNED-
AFAG LEADERSHIP
AE