OSP addresses trial in absentia option amid Ofori-Atta extradition debate

The Office of the Special Prosecutor (OSP) has addressed growing speculation about trying former finance minister Ken Ofori-Atta in absentia, explaining that the legal threshold for such a move has not been reached.

In a detailed explanation, the Director of Strategy, Research, and Communications at the OSP, Sammy Darko, said the conversation is premature because formal service of charges has not been completed.

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“Trial in absentia is not triggered by the mere filing of charges; it is triggered when a person who has been properly charged and properly notified of the proceedings refuses to come before the court,” Darko said.

He emphasised that under Article 19(3) of the Constitution, a person can only be tried in absentia after being “duly notified” of the trial and refusing to appear or making their presence impracticable.

“It does not mean notification through social media. It does not mean a phone call. It does not mean merely informing the person’s lawyers,” he said.

According to Darko, although charges have been filed and the court has approved service in the United States, the process remains incomplete until proof of service is officially returned.

“At this stage, what remains is proof that the documents have been served,” he said.

He added that once service is confirmed, the court must still give the accused reasonable time to appear before considering any further steps.

The OSP’s position underscores a careful, by-the-book approach to this sensitive high-profile case, ensuring all constitutional procedures are strictly followed to avoid any legal setbacks.

NA/VPO

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