OSP has the power to declare Ofori-Atta wanted — Martin Kpebu

Private legal practitioner Martin Kpebu has weighed in on the ongoing legal battle between former Finance Minister Ken Ofori-Atta and the Office of the Special Prosecutor (OSP).

The embattled former minister has taken legal action against the OSP, challenging the legality of his previous declaration as a “wanted” person and a “fugitive from justice.”

In his suit, he argues that the OSP overstepped its statutory powers by making such declarations through a media briefing, thereby violating his fundamental human rights and breaching Ghana’s constitutional provisions.

Among other reliefs, he is seeking an injunction to prevent the OSP from re-declaring him a wanted person or a fugitive from justice.

But reacting to this in an interview on Accra-based JoyNews, Kpebu stated that the OSP is vested with powers similar to the Ghana Police Service and, as such, has the power to declare a person wanted.

However, he noted that the procedure through which the OSP exercises this power is what makes it a subject of debate, as it must first seek a court order.

“Oh, absolutely, that is not subject to debate. The reason is that the OSP Act is very clear—the OSP has police powers, the same powers that the Ghana Police Service has. So, it is rather a question of the procedure for declaring a person wanted,” Kpebu explained.

“So that’s where we should be looking at. In their second relief, they claim the OSP declared him wanted without going to court, but I also heard the OSP say they went to court for an arrest warrant. So, we may have to wait and see what evidence is presented to the court before determining who is right and who is wrong, because that is a matter of evidence,” he added.

Meanwhile, the OSP has warned Mr. Ofori-Atta that he risks being declared a wanted fugitive again if he fails to appear before the office by June 2, 2025.