Declaring Ken Ofori-Atta wanted: Has the OSP Bolted the Door after the Horse?

Sometimes, I wonder if Ghana as a nation and Ghanaians as a people are serious about fighting the theft of public resources by citizens, whether politicians or public and private sector workers. Dishonesty, stealing and corruption are endemic in Ghana, and we are all involved in one way or the other because these acts of malfeasance involve at least, two parties (the giver and the taker). Therefore, we delude ourselves by assuming that politicians are those involved in the theft of public resources.

I was disappointed to hear and read that the Office of Special Prosecutor (OSP) has declared Mr Ken Ofori-Atta, the former finance minister from 2017 to 2024 a wanted fugitive for corruption and corruption related activities involving the National Cathedral, Strategic Mobilization Limited and others (see, “Former finance minister Ken Ofori-Atta declared wanted fugitive”, Ghanaweb, 12 February 2025). A day earlier, there were reports that men in uniform had raided the residence of Ken Ofori Atta (see, “Men in military uniform raid Ofori-Atta's residence”, Ghanaweb, 11 February 2025). We now understand from the OSP that the raid was orchestrated by the former minister to discredit the OSP (see, “Five jaw-dropping revelations by the OSP”, Ghanweb, 12 February 2025.

These theatrical actions by state institutions that are expected to hold public officials accountable in the fight against corruption are becoming too many. In fact, these institutions are taking Ghanaians for a ride because criminals parading as politicians loot state coffers and nothing happens to them. What is disturbing is the way the two leading political parties (NDC and NPP) take it in turns and pretend to charge and prosecute each other for corruption after change of government, by putting a few on trial that is a complete waste of state resources and judiciary time, only for the next government to file nolle prosequi as we are experiencing now.

Of course, I do not blame the new Attorney General for his decision to file nolle prosequi in criminal trials of former NDC government appointees because justice delayed is justice denied. Instead, the former Attorney Generals must take some blame for their failure to bring the trials to a successful end in 8 years of the NPP administration. My concern is that since these trials involved politicians from the NDC, an NDC politician in the person of the Attorney General should not be the one to decide whether the trials should be discontinued or not because of conflict of interest. It should have been an independent public servant, though I subscribe to the reasons given by my good friend, Prof Stephen Kwaku Asare (Kwaku Azar) in support of the decision to file nolle prosequi. This is because, I also believe that if the prosecution had credible evidence to convict the accused persons, the trials would have been completed years ago. The trials were, therefore, potentially politically motivated if there were no credible evidence to convict them but they continued indefinite.

Now back to the OSP’s actions that are now public. The OSP claimed investigations into corruption related activities of the former finance minister have been ongoing. If so, when did the OSP begin the investigations, why did the OSP not secure a travel ban on the minister to prevent him from leaving the country unless on surety? Is the OSP’s action tantamount to, “bolting the door after the horse”?

The matter of the former finance minister’s involvement in alleged corruption regarding the National Cathedral, the SML and others are not new. In fact, I remember the investigative journalist, Manasseh Azure Awuni did some work on the GRA-SML contract (see, SML/GRA deal has many candidates for jail – Manasseh Azure”, Myjoyonline, 25 May 2024). So why now, OSP?

I was against the establishment of the OSP and in fact, when former president Nana Akufo-Addo addressed the Cambridge Union in November 2017, I told him that Ghana had enough laws, rules and regulations to fight corruption but what was lacking was the leadership and will to enforce the laws, rules and regulations. That, Ghana did not need an OSP to fight corruption effectively. The president’s response was that the OSP unlike the Attorney General would not be a political appointee and therefore would be able to prosecute corrupt politicians at any time and not only when a new government is in office. Today, we know that that has been a mirage because the OSP could not cause the arrest of the former finance minister under the Akufo-Addo government. Indeed, the OSP is making the alleged investigations public because NPP lost both the presidential and parliamentary elections. Had Dr Mahamudu Bawumia won the presidency, the OSP would not have dared declared the former finance minister a wanted fugitive. Who born dog?

But why would the OSP declare the former finance minister a wanted fugitive if the lawyers of the former minister have informed the OSP that he is receiving medical treatment abroad? This does not make send to me, so OSP, please come again.

I am not even sure that there is a fight or war against corruption in Ghana, neither has there ever been one. As long as a nation and as a people, we have a Police Service with Criminal Investigations Department (CID), the Economic and Organised Crime Office (EOCO) and the OSP but unable or unwilling to successfully prosecute criminals parading as politicians until their governments are out of office, whatever we do is further waste of scare public resources and all of us, without exception should be charged with causing financial loss to the state.

Some people, especially NDC members and sympathiser are excited about the establishment of Operation Recover All Loot (OPAL). I am not enthused and in fact, my view is that nothing will come out of the work f OPAL because it is led by politicians. Both NDC and NPP have no interest in successfully prosecuting their opponents because they know the same will happen to them when in opposition. Therefore, NDC and NPP take it turns to play ‘charleskele’ with the fight against corruption in Ghana. In fact, they politicise criminal enterprise instead of criminalising political thievery of national resources.

For this game of musical chairs in the fight against criminal enterprise by politicians to end, there is the urgent need to separate the prosecutorial powers of the Attorney General and give it to an independent Public Prosecution Service, which will report to parliament. The independent prosecutor should not be appointed by a politician (the president) but by an independent Public Appointment Commission. The OSP should be disbanded after the establishment of an independent prosecution service because it has failed to hold criminal political appointees accountable and to reduce the theft of public resource by criminals parading as politicians.

Finally, the claim of a former finance minister in abstention being able to orchestrate officers in uniform to storm of his residence in Accra, if accurate, raises not only a serious national security lapse but also the issue of state takeover. Who is in-charge of Ghana’s security services, (the police, prisons, probation and the armed forces and NIB) if a former minister abroad could organise such an act? Who are the officers involved in the act and are they genuine members of the security agencies? If so, who do they owe allegiance to, the state or individual politicians?

These are serious questions that must be investigated and those responsible for such breach of national security, identified, arrested and held accountable.

We are waiting to see the day the OSP will charge and successfully prosecute a high profile criminal politician when his or her government is in power.

Kofi Ata, Cambridge, UK.