Former Attorney General Ayikoi Otoo has raised concerns over the Office of the Special Prosecutor’s (OSP) handling of its case against former Finance Minister Ken Ofori-Atta, questioning the legal basis for declaring him a fugitive without an arrest warrant.
Speaking on The Big Issue on Channel One TV on Saturday, February 15, Ayikoi Otoo criticized the OSP for what he described as inconsistencies and legal missteps that could undermine its credibility.
“If all you want is for him to come and help you with investigations, how do you declare him a fugitive when you don’t even have a single arrest warrant saying that he should be arrested and that you are looking for him and you can’t find him?” he questioned.
Uncertainty over charges
Otoo further argued that the OSP appears uncertain about the specific charges it intends to bring against Ofori-Atta.
“This one, from the way you are going, it appears you don’t even know what charges you want to give to him because your duty is to prosecute the man,” he stated.
He stressed that the OSP’s role is to build a case based on independent evidence rather than relying on the suspect’s testimony to determine charges.
“You are not supposed to use what the man is going to say as the basis of your charge. It is your prosecutorial witnesses who should come, collecting the evidence left and right,” he added.
Legal concerns and constitutional rights
The former AG also pointed out that individuals cannot be compelled to testify against themselves, citing constitutional protections.
“Is it not clearly written in the Constitution that nobody can be compelled to give evidence at their trial? And again, is it not the case that when you arrest somebody, you read them their rights and inform them that they have the right to remain silent because anything they say will be used against them in court?” he asked.
He also questioned why the OSP, if confident in its evidence, could not proceed with prosecution in absentia, as has been done in past cases.
“What do you need him for? Why should he come and give you evidence, and when he says ‘I won’t give you evidence,’ you declare him a wanted person? Were we not in this country when somebody was tried in absentia? They even jailed him and sentenced him to serve, and we are still looking for him. So go ahead and do what you want to do—unless you want to play to the gallery. Otherwise, just go ahead and do your work,” he remarked.
Ofori-Atta’s case and allegations
The OSP has declared Ken Ofori-Atta a fugitive over alleged financial mismanagement and corruption during his tenure. Special Prosecutor Kissi Agyebeng has indicated that all necessary steps will be taken to bring him back to Ghana.
Ofori-Atta is accused of causing financial losses to the state, including the alleged misappropriation of $58 million in the controversial National Cathedral project, which remains incomplete.
