Ken Ofori-Atta trial to resume August 27 after Supreme Court upholds OSP Act

The criminal trial of former Finance Minister Ken Ofori-Atta is expected to resume on Thursday, August 27, 2026, following a unanimous Supreme Court ruling upholding the constitutional validity of the Office of the Special Prosecutor (OSP) Act, 2017 (Act 959).

The OSP announced the resumption of proceedings in a Facebook post on Monday, August 10, bringing an end to the uncertainty surrounding several cases that had been suspended amid legal challenges to the anti-graft agency’s prosecutorial powers.

The Supreme Court ruling affirmed the constitutionality of the OSP Act, which had come under scrutiny following a High Court decision in April 2026 that raised questions about the Office’s authority to prosecute cases and whether prior authorisation was required before it could commence criminal proceedings.

Mr Ofori-Atta is facing 28 counts of corruption and corruption-related offences arising from investigations into revenue assurance contracts involving Strategic Mobilisation Limited (SML) and the Ghana Revenue Authority (GRA).

The OSP initially charged the former Finance Minister and seven other individuals with 78 counts in November 2025. Following amendments to the charges, Mr Ofori-Atta is now facing 28 counts, while the other accused persons face separate charges linked to the case.

Those standing trial alongside him include former GRA Commissioners-General Emmanuel Kofi Nti and Ammishaddai Owusu-Amoah, former Customs Commissioner Isaac Crentsil, former Customs Commissioner Kwadwo Damoah, SML Chief Executive Officer Evans Adusei, and former Chief of Cabinet to Mr Ofori-Atta, Ernest Darko Akore.

The prosecution alleges that the accused persons were involved in various acts of corruption and corruption-related offences connected to the SML-GRA revenue assurance arrangements.

US permanent residency
The resumption of the trial comes amid a separate development concerning Mr Ofori-Atta’s immigration status in the United States.

The former Finance Minister has secured permanent residency in the US after an Immigration Court approved his application for adjustment of status. His lawyers announced in June 2026 that his Green Card petition had been granted.

The decision followed immigration proceedings in the United States during which issues relating to his stay in the country and actions taken by Ghanaian authorities were considered.

The OSP, however, has rejected suggestions that the US immigration decision amounted to a determination on the merits of the criminal charges pending against Mr Ofori-Atta in Ghana.

The anti-graft agency said it was not a party to the US immigration proceedings and explained that its involvement in the matter relates to extradition proceedings being pursued through the Attorney-General.

The OSP further clarified that the extradition packet was not before the US Immigration Court and that any findings made during the immigration proceedings should not be construed as a determination of the credibility or otherwise of the criminal charges filed against Mr Ofori-Atta in Ghana.

Despite being granted permanent residency, the OSP maintains that Mr Ofori-Atta remains a Ghanaian citizen and could still be extradited to Ghana should the US extradition court rule in favour of the request.

With the Supreme Court having settled the constitutional challenge surrounding the OSP Act, attention now turns to August 27, when proceedings in the case are expected to resume.