Former Finance Minister Ken Ofori-Atta has filed a lawsuit against the Office of the Special Prosecutor (OSP) and its head, Kissi Agyebeng, challenging the legality of his designation as a wanted person. The suit, submitted to the Human Rights Division of the Accra High Court on March 13, 2025, seeks a declaration that the actions of the OSP violated his fundamental human rights. Ofori-Atta is also demanding compensation for damages caused by the announcement.
The OSP had declared him a fugitive on February 12, 2025, alleging that he failed to cooperate with its investigations related to corruption. The anti-graft agency justified its decision as necessary to facilitate his apprehension. However, Ofori-Atta’s legal team argues that this declaration was unjust, asserting that he had communicated his medical condition to the OSP before the announcement.
Although the OSP removed his name from its wanted list on February 18, 2025, following assurances of his return to Ghana, his lawyers maintain that the initial public notice caused irreparable harm to his reputation.
The lawsuit contends that the OSP exceeded its legal authority by declaring him wanted through media channels, a move that his legal team argues should fall under police jurisdiction and require court approval. They further assert that the OSP’s actions breached the Office of the Special Prosecutor Act of 2017 (Act 959) and its operational regulations (LI 2374).
Ofori-Atta claims the declaration infringed on his constitutional rights, including personal liberty under Article 14 and freedom of movement under Article 21. His lawyers also cite violations of international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (AfCHPR).
In addition to seeking compensation, Ofori-Atta is requesting the court to:
– Order the removal of his photograph and details from the OSP’s records.
– Instruct the OSP to respond formally to legal correspondence from his solicitors.
– Prevent the OSP from re-declaring him a wanted person without due process.
