Former Finance Minister under the Akufo-Addo administration, Mr. Ken Ofori-Atta has filed a lawsuit against the Office of the Special Prosecutor (OSP) and its head, Kissi Agyebeng over what he describes as illegal name calling on his person.
This comes after the OSP weeks ago, declared the former minister as a wanted person in a publication on its official website and further described him as ‘fugitive’ during a press conference.
This was after Mr. Ofori-Atta could not tell the OSP when he would return to Ghana, despite official communications to him that he was to appear in person for questioning over alleged corruption and related offences involving his tenure as Finance Minister.
Mr. Ofori-Atta lawsuit, submitted to the Accra High Court on Thursday, March 13, 2025, seeks compensation and a declaration that the OSP’s actions infringed upon his fundamental human rights.
In addition, he is seeking to prevent the OSP from reissuing the declaration, which he claims is baseless and unjustified adding that, the actions of the Special Prosecutor have caused significant damage to his reputation and personal life.
Beyond these declarations, Ofori-Atta is demanding an order for the immediate removal of his image from the OSP’s wanted list, compensation for reputational damage, and a directive compelling the OSP to engage his lawyers through formal legal communication rather than public briefings.
Read below in full things Ken Ofori-Atta is seeking:
“a.) The Office of the Special Prosecutor (OSP) has no statutory powers to use Media Briefing to declare a person WANTED or “fugitive from justice”;
b.) The OSP has no powers other than what is provided for the Police to declare a person wanted and same cannot be done without leave of the Court;
c.) The Office of the Special Prosecutor, in exercising the powers of the Police as provided for under Section 28 of the Office of the Special Prosecutor Act, 2017 (Act 959), and the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374), is bound by the limits placed on the exercise of discretionary power as enshrined in the Service.
Instructions of the Police Service, under Article 200, and consistent with Article 296 of the Constitution 1992;
d.) The unlawful declaration of the Applicant as “WANTED” or “fugitive from justice” constitutes violation of his right of personal liberty as enshrined in Articles 14 of the 1992 Constitution; and right of free movement enshrined in Article 21 of the 1992 Constitution, Article 12 of the International Covenant on Civil and Political Right (ICCPR) as well as Article12 of the African Charter on Human and People’s Rights (AfCHPR);
e.) Any act of the Office of the Special Prosecutor as a State Agency that violates the Applicant’s human rights will amount to a breach of Ghana’s international treaty obligations under the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights.”
National Security Lawsuit
On Monday, March 10, Mr. Ofori-Atta filed his first lawsuit against two National Security operatives over what he describes as trespass and a violation of his right to privacy following an alleged raid on his residence.
The two security personnel are DSP Bismark Boakye Ansah and Chief Inspector Mensah.
Key demands listed in the lawsuit:
- Declaration of Trespass and Breach of Privacy: Ofori-Atta is seeking a formal declaration from the court that the defendants’ entry into his property and the subsequent search were unlawful, trespassory, and in breach of his right to privacy.
- Damages for Trespass: The plaintiff is demanding compensation for the alleged trespass on his property, arguing that the defendants’ actions were unauthorized and invasive.
- Aggravated Damages for Breach of Privacy: Ofori-Atta is seeking aggravated damages for the violation of his privacy, particularly due to the filming of private spaces within his home during the raid. He claims the incident caused him significant emotional distress and public embarrassment.
- Perpetual Injunction: The former minister is requesting a perpetual injunction to restrain the defendants, their agents, or assigns from entering his property or engaging in any further conduct that breaches his privacy. This would prevent similar incidents from occurring in the future.
- Costs: Ofori-Atta is also seeking to recover the legal costs associated with pursuing the case against the defendants.
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