Ken Ofori-Atta sues OSP for naming him a wanted fugitive

Former Finance Minister Ken Ofori-Atta has taken legal action against the Office of the Special Prosecutor (OSP) after being declared a wanted person .

Ken Ofori-Atta is looking for a court order to stop the Office of the Special Prosecutor (OSP) from recirculating the declaration, which he insists is lacking any credible evidence.

The legal action comes after the OSP’s declaration at the beginning of the year, classifying him as a fugitive in relation to alleged corruption and misuse of funds.

The former minister has repeatedly denied the allegations, claiming that he has complied with the investigation through his lawyers.

In his legal actions, Ken Ofori-Atta insists that the actions of the Office of the Special Prosecutor (OSP)  has brought sever impact to his public image and personal life.

He is requesting a court order to restrict  the Special Prosecutor (OSP) from making any further disclosures against him until the legal process is fully resolved.

Ofori-Atta is part of other things looking for a declaration that

1.) The Office of the Special Prosecutor (OSP) has no legislative authority to use Media Update to name an individual WANTED or “fugitive from justice”;

2.) The Office of the Special Prosecutor (OSP) has no powers other than what is provided for the Police to name an individual wanted and same cannot be done without leave of the Court;

3.) The OSP, in carrying out the duties of the Police as laid down in Section 28 of the Office of the Special Prosecutor Act, 2017 (Act 959), and the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374), is regulated by the conditions imposed on the exercise of powers of discretion as established by the service .

Instructions of the Police Service, under Article 200, and in line with Article 296 of the Constitution 1992;

4.) The unlawful pronouncement of the Applicant as “WANTED” or “fugitive from justice” is made up violation of his right of personal freedom as ratified in Articles 14 of the 1992 Constitution; and right of free movement ratified in Article 21 of the 1992 Constitution, Article 12 of the International Covenant on Civil and Political Right (ICCPR) as well as Article
12 of the African Charter on Human and People’s Rights (AfCHPR);

5.) Any action of the Office of the Special Prosecutor (OSP) as a State Agency that falils to comply with the Applicant’s human rights will lead to a breach of Ghana’s international treaty obligations under the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights.”