By Adnan Adams Mohammed
Embattled Ken Ofori-Atta, former Minister of Finance is being declared as a wanted fugitive for the second time this year by the Office of Special Prosecutor (OSP) for financial misappropriation, causing financial loss to the state and other related crimes under the Ghanaian laws.
Mr Ofori-Atta had earlier requested to be excused for a period up to June 2025 to turn himself in as he was seeking medical attention outside the country in the first OSP declaration of him as a wanted fugitive. However, he failed to turn up on June 2, forcing the OSP to declare him wanted the second time.
As the OSP has refuted reports circulating in sections of the media that, it has received a medical report from a hospital indicating that former Mr Ofori-Atta is unfit to return to Ghana. In a strongly worded public notice issued on Tuesday, June 3, the OSP stated categorically that neither Mr. Ofori-Atta nor his lawyers have submitted any such letter or official medical documentation to the office.
“We wish to place on record that neither Mr. Ofori-Atta nor his lawyers have submitted any such letter to the OSP,” the statement emphasized.
According to the OSP, the only correspondence received from Mr. Ofori-Atta’s legal representatives was a notification of a change in his medical condition—based solely on their own claims.
The office noted that the letter allegedly originating from a hospital had been circulated in the media rather than submitted through the proper legal channels.
“It is notable that this alleged hospital letter has been circulated through the media rather than submitted to the law enforcement agency actively investigating him and responsible for decisions regarding his return to Ghana,” the OSP added.
The office also made it clear that as of the date of the notice, no certified medical records or official documents from any hospital authority have been presented to support claims that Mr. Ofori-Atta is incapacitated or unable to travel.
Meanwhile, as many Ghanaians have come to believe that, Mr Ofori-Atta is only ‘scheming’ to elude investigation, a Private Legal practitioner, Martin Kpebu has also fumed at the conduct of former finance minister failing to appear before the OSP on an agreed date of June 2, 2025.
The OSP has redeclared Ken Ofori-Atta a wanted person and issued an INTERPOL Red notice against him after the Special Prosecutor concluded that Ofori-Atta is only using a medical treatment as an excuse to evade inquiry into alleged corruption-related offenses.
Speaking on TV3 New Day’s The Big Issue, Tuesday, June 3, 2025, Martin Kpebu said Ofori-Atta’s conduct is just “to deceive the OSP.”
According to him, the former finance minister’s conduct is “fraudulent” and commended the OSP for declaring Ofori-Atta a wanted man.
“Ofori-Atta has not shown good faith at all. The way he has behaved in this manner just as he conducted himself as finance minister that he never showed good faith.
“You see how he has stood the OSP up…It’s been a fraudulent conduct to be honest with you because you know you were going to do a surgery that is why you were given June 2, 2025 but by March 21st you knew that the surgery was not coming on. You wait till May 28 five or six days to June 2 then you write to the OSP for an adjournment.
“It is good that OSP has declared him wanted so that he will eventually be caught somewhere and brought back home,” Martin Kpebu said.
Aside from the OSP declaring Mr Ofori-Atta as a fugitive with an INTERPOL Red notice against him, can he be charged under Section 131 of Ghana’s Criminal Offence Act 1960 (Act 29)?
In Ghana, defrauding by false pretences is a second-degree felony, punishable by imprisonment. Specifically, Section 131 of Act 29 outlines that anyone who defrauds another by false pretences commits this offense. The law further defines false pretence in Section 132 of Act 29 as obtaining another person’s consent to part with or transfer ownership of anything through false pretences or personation.
Per the elaboration from Lawyer Kpebu, can law enforcement agencies charge Mr Ofori-Atta for falsely deceiving public officials?
On February 18, 2025, lawyers of Ken Ofori-Atta wrote to the OSP requesting that the former finance minister would undergo a medical treatment and would return to the jurisdiction between May 4 – May 30, 2025, hence, he would only be available for an interview on June 2, 2025.
The OSP subsequently agreed to the scheduled date on June 2, 2025.
However, through his lawyers, in a letter dated May 28, 2025, Mr. Ofori-Atta informed the OSP that a medical expert has diagnosed Mr. Ofori-Atta with cancer and will be unable to meet the June 2, 2025 deadline.
He further requested through his lawyers to undergo a video recorded interview for the purpose of eliciting his caution statement.
But the OSP in responding to the request in a letter dated May 30, 2025 denied the request for a video recorded interview and insisted on Ofori-Atta’s physical appearance.
He explained that “Illness is not a shield from accountability—unless certified as incapacitating.”
The Special Prosecutor further noted that the Office will commence prosecution of Mr Ofori-Atta, “even if in absentia.”
The OSP is investigating Mr. Ofori-Atta in connection with five high-stakes cases linked to his tenure under President Nana Addo Dankwa Akufo-Addo. These include:
Key Issues Under Investigation:
Petroleum and Minerals Revenue Assurance Contractual arrangements between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority (GRA);
Electricity Company Contract Termination;
The termination of a contract between the Electricity Company of Ghana and Beijing Xiao Cheng Technology (BXC);
National Cathedral Project Procurement procedures and financial transactions related to the National Cathedral;
Ambulance Procurement contract with Service Ghana Auto Group Limited for purchasing and maintaining 307 ambulances; and
GRA Tax P-Fund Management handling and disbursement of funds from the Tax P-Fund Account of the GRA.
The statement reaffirms the OSP’s position in its ongoing investigation and suggests a lack of cooperation from Mr. Ofori-Atta and his legal team regarding formal procedures.
