Former Finance Minister Ken Ofori-Atta’s failure to appear before the Office of the Special Prosecutor (OSP) on June 2 has been attributed to a worsening medical condition, prompting strong defence from his legal team and fresh scrutiny over the handling of the high-profile investigation.
Speaking on Joy FM’s Super Morning Show on Monday, lawyer Frank Davies, a member of Mr Ofori-Atta’s legal team, questioned the public’s apparent reluctance to accept the former minister’s health challenges as genuine.
“If I tell you that I will come and see you tomorrow, and just on the brink of tonight, I suffer a casualty, would you see me tomorrow?” Mr Davies asked rhetorically. “Why should it be so difficult for people to understand that the person involved has a health challenge? This was known long before these charges were prepared against him; who didn’t know that Ken was not well?”
Mr Ofori-Atta is currently undergoing medical treatment in the United States, according to his lawyers, who informed the OSP via a letter on May 27 of his inability to return to Ghana as scheduled. Mr Davies also disclosed that the legal team had proposed a virtual interrogation, given the circumstances, though it remains unclear whether the OSP has agreed to this option.
The OSP had earlier issued a stern warning that Mr Ofori-Atta’s failure to appear on June 2 could lead to him being declared a fugitive again, this time triggering an INTERPOL Red Notice—a move that could see him arrested and extradited.
The legal tussle traces back to January 2025, when Mr Ofori-Atta was named as a suspect in five separate investigations by the OSP and was asked to appear before the anti-corruption agency on February 10. At the time, his legal representatives informed the OSP of his medical treatment abroad and requested to represent him in his absence.
That request was declined by the OSP, which demanded a firm return date. Following the failure to meet the deadline, Mr Ofori-Atta was declared a fugitive on February 12. His legal team later submitted a medical note citing ongoing tests and a possible surgery, with no definite timeline for recovery.
When a fixed return date was eventually provided in May, the OSP lifted the fugitive designation on February 18.
The ongoing battle between Mr Ofori-Atta and the OSP intensified in March, when the former finance minister filed a lawsuit against the OSP and Special Prosecutor Kissi Agyebeng. He is seeking compensation and the removal of online content referring to him as a fugitive, calling the earlier declaration unlawful. The Human Rights Court is scheduled to deliver its ruling on June 18, 2025.
Public reaction to the situation remains divided, with some expressing sympathy for the ailing former minister and others questioning the timing and consistency of his reported health setbacks.
Mr Davies, however, remains resolute in his defence. “Ken Ofori-Atta is not above the law. But we cannot ignore his medical condition. This is not a ploy. It is a health issue, and it must be treated with seriousness and sensitivity,” he said.
As the legal proceedings continue, the case has once again spotlighted the tensions between prosecutorial authority and the rights of high-profile individuals under investigation in Ghana.
