Accra-based legal practitioner Kwame Adofo has called on former Finance Minister Ken Ofori-Atta to pursue legal action against Ghana’s Office of the Special Prosecutor (OSP) for labeling him a “fugitive from justice,” a move Adofo argues exceeds the anti-corruption body’s legal authority.
The remarks, made during a heated panel discussion on Asaase Radio’s The Forum on Saturday, spotlight growing scrutiny of the OSP’s methods and efficacy under its current leadership.
A Question of Legal Authority
Adofo challenged the OSP’s declaration of Ofori-Atta as a fugitive, noting the former minister has not been formally charged with any offense. “Declaring someone a fugitive implies they are evading arrest or prosecution,” Adofo asserted. “But without charges, this label is not only premature but unlawful. It publicly maligns an individual’s reputation and opens the door to defamation claims.”
Ghana’s Special Prosecutor Act grants the OSP powers to investigate and prosecute corruption cases but does not explicitly authorize public fugitive declarations absent formal charges. Legal analysts suggest the OSP’s approach risks overstepping procedural norms. “The law requires due process,” said Prof. Clara Mensah, a constitutional law scholar. “Declaring fugitive status typically follows a court-issued arrest warrant, not unilateral pronouncements.”
Controversy
Adofo pointed to the OSP’s handling of high-profile cases, including its investigation into former Sanitation Minister Cecilia Dapaah, which collapsed after courts dismissed it due to insufficient evidence. He criticized the OSP for “preannouncing investigations,” a tactic he claims jeopardizes cases by alerting suspects. “What serious investigator telegraphs their moves? This incompetence has become a pattern,” Adofo said, citing the OSP’s scrutiny of the National Petroleum Authority (NPA) as another example of botched procedure.
The OSP, established in 2018 to combat graft, has faced mounting criticism over its track record. Despite operating since 2021, the office has yet to secure a single conviction—a fact Adofo highlighted. “Four years in, what tangible results justify its existence? The public deserves accountability, not theatrics,” he argued.
Adofo urged the government to reassess the OSP’s leadership, suggesting the current Special Prosecutor resign or be removed. “An office tasked with fighting corruption must itself operate within the law,” he said. “When its methods erode public trust, it undermines Ghana’s entire anti-corruption framework.”
The OSP has not publicly responded to Adofo’s claims. However, governance watchdogs acknowledge the delicate balance between aggressive enforcement and procedural integrity. “The OSP’s mandate is vital, but overreach risks legal challenges and political backlash,” said Kofi Ansah, director of the Ghana Integrity Initiative. “Transparency in investigations is important, but so is safeguarding suspects’ rights.”
Ofori-Atta’s potential lawsuit could set a precedent for how Ghana’s legal system checks the powers of anti-corruption bodies. If the courts rule against the OSP, it may force reforms in how the office conducts investigations and communicates with the public.
For now, the debate underscores a pivotal moment for Ghana’s anti-corruption efforts. As citizens demand accountability, the OSP faces pressure to demonstrate both rigor and restraint—a challenge that will define its credibility in the years ahead.
