The High Court in Accra has granted former Finance Minister Ken Ofori-Atta a two-week extension to file an application to appeal an arrest warrant issued against him by the Circuit Court.
The decision, delivered by Justice Ruby Aryeetey, was made on Tuesday, August 26, despite strong opposition from the Office of the Special Prosecutor (OSP).
Background
On February 12, 2025, the OSP secured an ex parte arrest warrant against Mr Ofori-Atta. However, the time frame for him to appeal elapsed, prompting his legal team to file a motion seeking an extension.
Lead counsel Frank Asamoah argued that the extension was necessary due to circumstances surrounding the delay.
He cited Section 4(2) and Section 117(1) of the Court’s Act, 2002 (Act 620), which define a judgement to include an order or decision, stressing that the arrest warrant qualified as an appealable order under Section 326 of Act 30.
Mr Asamoah further maintained that:
- The OSP’s objection was unfounded since the right of appeal and judicial review were not mutually exclusive.
- The case of Republic v Circuit Court B, Accra, Ex-parte Madam Rebecca Komeley Adams supported his position.
- The warrant was issued under criminal jurisdiction, but the appeal process would be civil in nature.
He added that justice and respect for fundamental human rights warranted granting his client leave to appeal.
Representing the OSP, Maureen Emefa Bansah opposed the application, describing it as a textbook case of abuse of process.
She argued that:
- The application attempted to relitigate matters already determined in a previous certiorari application, contrary to the Supreme Court’s ruling in NAOS Holdings v Ghana Commercial Bank.
- The application was factually inaccurate and riddled with procedural flaws, including reference to the OSP in the wrong capacity.
- The warrant, secured ex parte on oath, should not be considered a live criminal action open to appeal.
Ms Bansah insisted that the motion was merely an afterthought to frustrate the judicial process, urging the court to dismiss it entirely.
Justice Aryeetey, however, ruled in favour of Mr Ofori-Atta, granting him two weeks to file his appeal against the arrest warrant.
This decision temporarily stalls the OSP’s efforts while offering the former minister a fresh legal pathway to challenge the warrant.
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