The Human Rights Court has adjourned to June 18, 2025, to deliver judgment in a motion filed by Kenneth Ofori-Atta against the Office of the Special Prosecutor (OSP).
In his suit filed at the Human Rights Division of the High Court in Accra, the former Finance Minister is seeking an injunction to restrain the Special Prosecutor from declaring him wanted, among other reliefs.
Ofori-Atta is also asking the court to order the Special Prosecutor to remove previous declarations from its social media platforms.
The motion moved by Ofori-Atta's team is being contested by the Special Prosecutor.
The Special Prosecutor, Kissi Agyebeng, at a press conference on February 12, declared Ofori-Atta wanted and a fugitive as a suspect in four high-profile corruption investigations.
Although the Special Prosecutor, on February 18, removed Ofori-Atta from the wanted list, the latter in his suit stated that the actions have caused significant damage to his reputation and personal life.
He is, therefore, asking the court to declare that:
- The OSP has no legal mandate to use media briefings to declare an individual wanted. Ken Ofori-Atta argues that such declarations fall under police jurisdiction and must be done with court approval.
- By declaring him wanted without proper legal basis, the OSP allegedly exceeded its authority under the Office of the Special Prosecutor Act, 2017 (Act 959) and the Office of the Special Prosecutor (Operations) Regulations, 2018 (LI 2374).
- The alleged unlawful declaration infringes on his personal liberty (Article 14) and freedom of movement (Article 21) as enshrined in the 1992 Constitution. It also violates international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and People's Rights (AfCHPR).
The suit also accuses the Special Prosecutor, Kissi Agyebeng, of professional misconduct. Ken Ofori-Atta claims that Kissi Agyebeng violated Article 23 of the Constitution by responding to his solicitors via media briefing rather than through formal legal channels.In the circumstances, Ken Ofori-Atta is seeking, among others:
• The removal of his photograph and details from the OSP’s Wanted List.
• Compensation for damages caused by the unlawful declaration and public listing as a wanted person.
• Formal responses from the OSP to outstanding legal correspondences from his solicitors.
• Listing of required documents from the OSP for investigation purposes, to be served on his solicitors in anticipation of his return to Ghana.
• An injunction preventing the OSP from re-declaring him a wanted person or a fugitive from justice.
Read the full suit below.