Ofori-Atta’s Injunction Application Against Osp Shot Down

The Human Rights Division of the Accra High Court has dismissed an interlocutory injunction application filed by former Finance Minister, Kenneth Nana Yaw Ofori-Atta, against the Office of the Special Prosecutor (OSP), seeking to remove his name from a list of wanted persons and fugitives from justice.

Delivering a 33-page ruling late Wednesday afternoon, Justice Kwame Amoako found the application “without merit” and dismissed it in its entirety.The court also awarded cost of GH¢5,000 against Mr. Ofori-Atta in favour of the OSP.

Mr. Ofori-Atta, represented in court by Frank Asamoah, holding brief for Justice Kumi-Minkah Premo, filed the suit on March 27, 2025.

He asked the court to restrain the OSP, led by Special Prosecutor Kissi Agyebeng and represented by Dr. Isidore Tufuor, from referring to him as a fugitive and to delete all such references from public platforms.

The former minister contends that the OSP breached principles of administrative justice by publicly displaying his photograph and personal details on its official social media pages, despite what he says was an earlier assurance via a letter dated February 18, 2025 not to do so.

However, the court found that the application failed to meet all three legal thresholds necessary for the grant of an interlocutory injunction:

1. Serious Question On Trial

Justice Amoako acknowledged that the applicant had raised serious issues in the substantive motion, particularly concerning alleged human rights violations.

He noted that the respondent, OSP, had filed detailed responses challenging Mr. Ofori-Atta’s claims. This, the court said, raised genuine legal questions that must be addressed during the main hearing.

Still, this alone was not enough to justify the injunction.

2. Inadequacy of Damages

On whether damages would be an insufficient remedy if the injunction were not granted, the court ruled against Mr. Ofori-Atta.

It held that any harm caused by the OSP’s public declarations could be remedied through monetary compensation.

“The applicant himself has prayed for compensation in the main action – indicating that damages are indeed a viable remedy,” Justice Amoako stated, adding that Mr. Ofori-Atta failed to demonstrate what “irreparable harm” he would suffer in the absence of the injunction.

3. Balance of Convenience

The judge emphasised that in matters of public law, particularly involving the statutory duties of institutions like the OSP, the threshold for injunction is higher.

He ruled that the balance of convenience tipped in favour of the OSP and the state, whose work could be unduly impeded if the motion were granted.

“There is no indication the substantive matter will not be heard expeditiously,” he said, affirming the court’s intent to fast-track the case.

Next Step

Justice Amoako ordered both parties to file issues for determination within two weeks to facilitate the substantive hearing, which has been adjourned to July 15, 2025 at 9:00 a.m.

Mr. Ofori-Atta’s substantive suit contends that the OSP’s actions, particularly labeling him a fugitive and publicising his details without judicial authorisation violate his constitutional rights to liberty, freedom of movement and administrative justice.

He is seeking a permanent injunction, the deletion of all such references from OSP platforms and general damages for the alleged breaches.

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