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Former Attorney General Ayikoi Otoo has raised concerns about the Office of the Special Prosecutor’s (OSP) handling of the case against former Finance Minister Ken Ofori-Atta, arguing that the investigative body appears uncertain about the charges it intends to press.
Speaking on The Big Issue on Channel One TV on Saturday, February 15, Ayikoi Otoo highlighted what he described as legal inconsistencies and procedural missteps that could undermine the credibility of the OSP’s case.
According to him, the decision by the OSP to declare Ofori-Atta a fugitive, despite not having a single arrest warrant against him, raises fundamental legal questions.
“If all you want is for him to come and help you with investigations, how do you declare him a fugitive when you don’t even have a single arrest warrant saying that he should be arrested and that you are looking for him but can’t find him?” he questioned.
Ayikoi Otoo also pointed out that reports of the former minister’s ill health cast further doubt on the necessity of aggressive measures to secure his cooperation.
The former attorney general further argued that the OSP seems to be uncertain about the exact charges it intends to level against Ofori-Atta.
“From the way things are going, it appears you don’t even know what charges you want to give to him. Because your duty is to prosecute the man,” he stated.
He stressed that the OSP’s primary duty is to build a strong case based on evidence, rather than relying on the suspect’s testimony to construct charges.
“You are not supposed to use what the man is going to say as the basis of your charge. It is your prosecutorial witnesses who should come, collecting the evidence left and right,” he argued.
Ayikoi Otoo noted that the OSP, which once struggled with inadequate personnel, now boasts a workforce of about 340. He suggested that instead of resorting to questionable legal tactics, the OSP should focus on assembling a solid docket to prosecute the case effectively.
The former attorney general also cited constitutional provisions that protect individuals from being compelled to testify against themselves.
“Is it not clearly written in the Constitution that nobody can be compelled to give evidence at their trial? And again, is it not the case that when you arrest somebody, you read them their rights and inform them that they have the right to remain silent because anything they say will be used against them in court?” he questioned.
He drew comparisons to past cases where individuals were tried in absentia and sentenced, questioning why a similar approach could not be taken if the OSP was confident in its evidence.
“What do you need him for? Why should he come and give you evidence, and when he says, ‘I won’t give you evidence,’ you declare him a wanted person?
“Were we not in this country when somebody was tried in absentia? They were even sentenced to serve, and we are still looking for them. So go ahead and do what you want to do unless you are playing to the gallery. Otherwise, just go ahead and do your work,” he stated.
The OSP has declared Ken Ofori-Atta a fugitive over alleged involvement in corruption-related cases during his tenure as finance minister. Special Prosecutor Kissi Agyebeng claims that Ofori-Atta has evaded investigations while abroad and has vowed to take all necessary steps to bring him back to face justice.
Ofori-Atta has been accused of causing financial losses to the state, including allegedly mismanaging $58 million of government funds for the controversial National Cathedral project, which remains incomplete.
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