Ken Ofori-Atta's Wanted Notice: The law and legal opinions

The declaration of former Minister of Finance, Ken Ofori-Atta, as a fugitive by the Office of the Special Prosecutor (OSP) has divided public opinions.

The Special Prosecutor, Kissi Agyebeng, at a press conference on Wednesday, February 12, 2025, declared Ofori-Atta wanted for corruption and corruption-related offences in a number of cases his office was investigating, including the loss reduction contract between ECG and Beijing Jao, procurement over the National Cathedral, contracts awarded by the Health Ministry to Service Ghana Auto Limited/Ambulances, and the SML-GRA deal.

While a faction of the public argues that the OSP’s declaration of Ofori-Atta as wanted is well within its remit, others are saying that the prosecutor is overstepping his boundaries.

But does the Special Prosecutor have the power to do as he did? What does the law say? And what are legal experts saying?

What lawyers against the OSP’s move have said:

Dr Kwaku Ansah Asare

Former Director General of the Ghana School of Law, Dr Kwaku Ansah Asare, has descended heavily on Kissi Agyebeng over his declaration.

Dr Ansah Asare, a leading member of the New Patriotic Party (NPP), has suggested that Kissi Agyebeng could be removed from office over his action on grounds of dereliction of duty and incompetence.

“How many times didn’t Ghanaians talk about the cathedral and the financial losses? Where was the Special Prosecutor? When people were screaming about the National Cathedral, where was he? This is one of the theatrical shows that another political party is trying to do. We shouldn’t encourage that kind of nonsense.

“He is incompetent. He can be removed on grounds of dereliction of duty. We all know what has happened. Former ministers stole millions of dollars, but he did nothing. It is a blatant show of incompetence,” he said in an interview on TV3.



Nana Agyei Baffour Awuah

Lawyer Nana Agyei Baffour Awuah, an NPP Member of Parliament (MP), has also slammed the Special Prosecutor for his action.

He accused Kissi Agyebeng of consistently flouting the laws of the country by making such declarations in public because he is frustrated with using the right legal procedures.

Baffour Awuah, the MP of Suame, asserted that the OSP cannot declare that Ofori-Atta is a fugitive without a warrant from the court.

“What power does he have to declare him wanted without recourse to the court of law? Ghana is a creation of law; we must respect the law.

“It is the same thing he did with Charles Bissue. He came out and made the media in Ghana believe that he had procured an order for arrest. When we went to court, he denied the existence of the order for arrest,” he said in an interview on ChannelOne TV.



What lawyers supporting the OSP’s move have said:

Renowned private legal practitioner, Martin Kpebu, has defended the action of Special Prosecutor Kissi Agyebeng.

Speaking in an interview on ChannelOne TV, Martin Kpebu indicated that Kissi Agyebeng should have gone after Ofori-Atta long ago.

“The OSP said January 22 was the first time they sought Ofori-Atta to come and answer. I beg the OSP to clarify this. If that is the case, I am even more upset. I understand that this is a criminal matter, but KPMG had already conducted an audit.

“Some of the reasons he is wanted are not rocket science. The procurement matters in trying to push and give SML a single-sourced contract – how many years do you need to investigate that? Some of the areas of infractions are not complex, so why did you wait?” he queried.

He added, “The OSP has to come again, and we also have to scrutinise what the office has been doing since day one. We should not get excited that the OSP instructed that we bring down Ofori-Atta.”

Kpebu, in an interview with GhanaWeb, also indicated that there are no laid-down procedures for the declaration of a person as wanted.

He said that the police sometimes publish wanted notices without warrants and, at other times, secure warrants before issuing the notices.

Sammy Darko



Sammy Darko, the Head of Communications and Strategy at the OSP, has defended the decision of his boss to issue the wanted notice against Ofori-Atta.

He refuted assertions that the OSP cannot arrest a suspect it is investigating without a warrant.

“The OSP exercises full police powers under Section 28 of the OSP Act. And when you exercise full police powers, you realise that if you go to the Criminal Procedure Code, it allows police officers, OSP, to arrest without a warrant,” he said in an interview with ChannelOne TV.

The OSP power:

Section 28 of the law establishing the Office of the Special Prosecutor (OSP), Office of the Special Prosecutor Act, 2017, gives it the powers of the Ghana Police Service in handling criminal matters.

It states that “The Special Prosecutor and authorised officers shall exercise the powers of a police officer specified in the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) or any other enactment.”

In other words, the Special Prosecutor has the power to conduct arrests and declare a person wanted, just as a police officer can.

What does Act 30 say about the arrest of persons by the police without warrants?

Although Act 30 does not explicitly touch on the declaration of persons as wanted by the police, it does address their powers to arrest without warrants.

Section 10 of the Act lists the circumstances under which a police officer, by extension the OSP, can arrest suspects without warrants from courts.

It indicates that in circumstances where a person has escaped lawful custody, he can be arrested without a warrant from the court.

Below are the exact words of Act 30:

“(1) A police officer may arrest without warrant a person who

(a) commits an offence in the presence of the police officer;

(b) obstructs a police officer in the execution of that police officer's duty;

(c) has escaped or attempts to escape from lawful custody;

d) possesses an implement adapted or intended for use to unlawfully enter a building, and does not give a reasonable excuse for the possession of the implement; or

(e) possesses a thing which may reasonably be suspected to be stolen property.

(2) A police officer may arrest without warrant a person whom the police officer suspects on reasonable grounds

(a) of having committed an offence;

(b) of being about to commit an offence, in order to prevent the commission of the offence;

(c) of being about to commit an offence, where the police officer finds that person in any highway, yard, building or other place during the night;

(d) of being a person for whom a warrant of arrested has been issued by a Court;

(e) of being a deserter from the Armed Forces; or

(f) of having been concerned in an act committed outside the Republic which, if committed in the Republic would have been punishable as an offence, and for which that person is, under an enactment, liable to be arrested and detained in the Republic."

BAI/AE

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