Court dismisses Ofori-Atta’s interim injunction against OSP

A Human Rights Court has dismissed an interlocutory injunction filed by Kenneth Ofori-Atta, former Minister of Finance, seeking to restrain the Office of the Special Prosecutor (OSP) from declaring him wanted.

The court, presided over by Mr Justice Kwame Amoako, ruled that the interim injunction was without merit and same failed to meet requirements.

According to the court, the applicant (Ofori-Atta) failed to demonstrate the irreparable damage he would suffer.

The court awarded a cost of GH¢5,000 against the former Minister.

Mr Ofori-Atta was praying the court to hold that the Special Prosecutor’s conduct breached his rights to dignity, fair treatment, and administrative justice.

The former Minister was also demanding compensation for the damage caused by the OSP’s announcement declaring him “wanted.”

Mr Ofori-Atta was also praying the court to order the OSP to remove previous declarations from its social media platforms.

On February 12, 2025, the OSP announced that Mr Ofori-Atta was a fugitive from justice, citing his failure to respond to invitations for questioning related to ongoing corruption investigations.

The OSP held that the former Minister’s absence was obstructing its work in relation to investigations, hence a public notice to assist in his arrest.

Mr Ofori-Atta’s lawyers, however, held that the declaration of the OSP was unjust and arbitrary.

The former Minister’s lawyers held that their client was not deliberately avoiding the OSP.

They held that Ofori-Atta was a respected investment banker and former minister, who was dealing with serious health challenges, including preparations for surgery.

According to his lawyers, his health issues had been communicated to the OSP prior to the said declaration.

On February 18, 2025, the OSP indicated that it had re­moved Mr Ofori-Atta’s name from the wanted list, following assuranc­es of his return to Ghana.

Mr Ofori-Appiah-Atta was asking for a number of declarations, including that OSP had no legal mandate to use media briefings to declare an individual wanted. Ken Ofori-Atta also argues that such declarations fall under police jurisdiction and must be done with court approval.

By declaring him wanted without proper legal basis, the OSP allegedly exceeded its authority under the Office of the Special Prosecutor Act, 2017 (Act 959) and the Office of the Special Prosecu­tor (Operations) Regulations, 2018 (LI 2374).

The alleged unlawful decla­ration infringed on his personal liberty (Article 14) and freedom of movement (Article 21) as enshrined in the 1992 Constitution. 

Again, the OSP declaration violated international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and People’s Rights.

Source: GNA

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