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Ofori-Atta’s Lawyers Justify Absence: Cite Medical Treatment Abroad

The legal team of former Finance Minister Ken Ofori-Atta has officially responded to the Office of the Special Prosecutor’s (OSP) request for their client to appear in person, stating that he is currently receiving medical treatment abroad.

In a letter dated January 31, 2025, and sighted by Myjoyonline, the lawyers explained that Mr. Ofori-Atta was unaware of the OSP’s initial directive, as the letter—dated January 24—was left at his security post while he was already outside Ghana.

They further clarified that their client had informed both the former and current Chief of Staff about his medical trip earlier in the month.

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The legal representatives revealed that Mr. Ofori-Atta is undergoing a series of medical observations and tests, with treatment plans yet to be determined. Given this, they have requested that the OSP reschedule his in-person appearance until his return to Ghana.

However, they assured the Special Prosecutor’s office of their full cooperation in providing any necessary documents or information regarding the ongoing investigations.

The emergence of this letter follows a press conference held by Special Prosecutor Kissi Agyebeng on Wednesday, February 12, where he declared Ken Ofori-Atta a fugitive.

According to the OSP, the former finance minister is being investigated for alleged financial misconduct and corruption in multiple high-profile government transactions, including:

  • The Ghana Revenue Authority (GRA) and Strategic Mobilisation Ghana Limited (SML) partnership. The deal, which involves revenue assurance and audit services, has been under scrutiny for its opaque terms and potential financial irregularities.
  • The Electricity Company of Ghana’s (ECG) agreement with Beijing Xiao Cheng Technology (BXC). Concerns have been raised over financial mismanagement and the effectiveness of the contract in improving Ghana’s power distribution system.
  • The National Cathedral project. Ofori-Atta is accused of authorising the release of GH¢142.7 million for the project despite significant controversy surrounding its funding, transparency, and stalled construction.
  • The Ministry of Health’s procurement of ambulances. Allegations of inflated costs and procurement breaches have surfaced regarding the acquisition of emergency medical vehicles under his tenure.

Ahead of the OSP’s press conference, media reports suggested that security personnel had raided Mr. Ofori-Atta’s residence in Accra. Various sources speculated that the operation was carried out by police, military, or officials from the OSP. However, during his briefing, Kissi Agyebeng categorically denied any involvement, dismissing the reports as misleading and potentially staged.

“When the OSP enters your premises, you will not be in doubt. Our personnel have distinct insignia and a structured method of conducting searches,” Agyebeng asserted.

He further suggested that intelligence gathered by his office indicated that the so-called raid was either staged or carried out by impostors seeking to create a false narrative of political persecution.

The situation has sparked intense political debate, with Minority Leader Alexander Afenyo-Markin strongly condemning the alleged raid and calling it unconstitutional. He argued that such actions violate Article 18 of Ghana’s Constitution, which guarantees the right to privacy and protection from unlawful searches.

“If you invade someone’s home without lawful authority, you are violating the Constitution,” Afenyo-Markin stated. “There was no legal basis for this raid, and it is entirely unconstitutional.”

He further warned that if such actions go unchallenged, they could set a dangerous precedent where any public officeholder could be targeted under similar circumstances.

Meanwhile, Ofori-Atta’s legal team insists that their client is not avoiding the investigation but simply unable to return at this time due to medical reasons.

The OSP, however, remains unconvinced and has indicated that legal measures will be taken to compel his return should he fail to do so voluntarily.

As the standoff between Ken Ofori-Atta and the special prosecutor escalates, the case is drawing national attention, with many closely watching how events will unfold in the coming days.

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