The Office of the Special Prosecutor (OSP), has dismissed suggestions to conduct a trial in absentia for former Finance Minister Ken Ofori-Atta, stating that such a move would contradict Ghana’s legal process.
According to the OSP’s Director of Strategy, Research and Communication, Sammy Darko, the law requires a suspect to first appear before a court before any trial can proceed in their absence.
His clarification follows comments by private legal practitioner Martin Kpebu, who urged the OSP to begin a trial if Mr. Ofori-Atta fails to return to Ghana to face possible prosecution.
Mr. Kpebu argued that the OSP could proceed once all preliminary steps, including efforts to obtain a statement from the former minister, were completed.
However, speaking on Joy FM’s Top Story, Mr. Darko explained that if the OSP had the authority to try Ofori-Atta without his presence, it would not be pursuing extradition.
He emphasized that under Ghana’s legal framework, a trial in absentia is only permitted after a suspect has been formally charged and has appeared in court but later absconded.
Mr. Darko also reiterated that court procedures require proper service of process and the accused’s attendance before trial proceedings can begin.
The OSP has further dismissed reports of friction with the Attorney General’s Department, insisting that both offices are cooperating closely on the matter.
Mr. Ofori-Atta is currently under investigation for several alleged corruption-related offences, including those connected to the National Cathedral project, revenue-assurance contracts, and other procurement deals.
In January 2025, the OSP identified him as a suspect and invited him for questioning. He reportedly indicated that he was abroad for medical reasons but did not provide a specific return date, prompting the OSP to issue a wanted notice and request INTERPOL’s assistance.
Despite the red notice, the Attorney General’s Department has stated that it cannot initiate a formal extradition process until the OSP provides the complete investigative docket.