The Office of the Special Prosecutor (OSP) in Ghana has vehemently defended its handling of the investigation into former Finance Minister Ken Ofori-Atta, rejecting accusations of unfair treatment and emphasizing its adherence to due process. The OSP maintains that Mr. Ofori-Atta was given ample opportunity to respond to invitations before being declared wanted, contrary to claims suggesting a lack of fairness. The core issue, according to the OSP, revolves not around fairness but around Mr. Ofori-Atta’s responsiveness to their requests. The OSP asserts that genuine fairness necessitates cooperation from the individual under investigation, which in this case, they allege, has been lacking.
The OSP acknowledges Mr. Ofori-Atta’s right to seek medical treatment abroad but stresses the equal obligation of individuals under investigation to make themselves available to law enforcement. The office highlighted its willingness to accommodate Mr. Ofori-Atta’s travel for medical reasons, provided he furnishes them with concrete evidence of his medical condition and a definitive return date. They emphasize their readiness to consider the severity of his ailment and the inconvenience it might pose to his travel plans. However, the OSP firmly states that it will not tolerate any attempt to evade investigation under the guise of medical treatment. The overarching principle, as per the OSP, is to ensure accountability and uphold the rule of law, irrespective of an individual’s status.
Mr. Samuel Appiah Darko, Director of Strategy, Research, and Communication at the OSP, reiterated the office’s commitment to fairness and due process, explaining that declaring Mr. Ofori-Atta wanted was not an arbitrary decision but a measure taken after due consideration and failed attempts to secure his cooperation. He criticized those questioning the OSP’s actions, arguing that true unfairness would involve taking action against an individual without prior communication or affording them the chance to respond. He insisted that Mr. Ofori-Atta had been given ample opportunities to cooperate and that the OSP’s subsequent action was a necessary step to ensure accountability.
In contrast, Frank Davies, Chairman of the Constitutional and Legal Committee of the ruling New Patriotic Party (NPP), expressed disagreement with the OSP’s justification, arguing that the declaration casts a negative light on the office. He maintained that Mr. Ofori-Atta had communicated his medical condition through his lawyers, providing a medical letter as justification for his inability to travel. Mr. Davies questioned the OSP’s dismissal of the medical letter, asserting that its authenticity should not be in question, particularly as it originated from Mr. Ofori-Atta’s doctors. He further challenged the OSP’s failure to request a medical report if it doubted the letter’s validity, suggesting a predetermined outcome.
The crux of the disagreement centers around the interpretation of Mr. Ofori-Atta’s communication with the OSP and the validity of the medical reasons presented for his absence. While the OSP insists on a more concrete and definitive timeline for his return, citing the need for his presence in the ongoing investigation, Mr. Davies and the NPP maintain that the communication through lawyers and the medical letter provided sufficient explanation for his temporary unavailability. This divergence in interpretation has led to a public debate on the fairness and appropriateness of the OSP’s actions, with some questioning whether due process was truly followed.
The ongoing investigation into Mr. Ofori-Atta encompasses several alleged offenses, including contractual arrangements between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority, the termination of a contract between the Electricity Company of Ghana Limited and Beijing Xiao Cheng Technology, procurement of contractors and materials, activities and payments related to the National Cathedral project, and a contract awarded by the Ministry of Health for the purchase and maintenance of ambulances. The Special Prosecutor, Mr. Kissi Agyebeng, publicly outlined these areas of investigation, highlighting the complexity and breadth of the case. This public declaration further fuels the ongoing debate and underscores the significance of Mr. Ofori-Atta’s cooperation in the investigation. The OSP’s declaration of Mr. Ofori-Atta as a fugitive from justice adds another layer of complexity to the case, raising questions about the next steps in the investigation and the potential legal ramifications for the former Finance Minister.
