Can Ofori-Atta be prosecuted in absentia? - Barker-Vormawor details legal hurdles

Private legal practitioner, Oliver Barker-Vormawor, has raised questions about whether former Finance Minister Ken Ofori-Atta can legally be prosecuted in absentia under Ghana's laws.

According to Barker-Vormawor on his X page on June 21, 2026, the Constitution generally requires criminal trials to be conducted in the presence of the accused person, except under specific circumstances.

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He explained that Article 19(3) of the Constitution provides two exceptions, with the first being when an accused person refuses to appear before the court after being duly notified of the trial.

He added that the second is when the conduct of the accused makes it impossible for proceedings to continue in their presence, leading to their removal by the court.

“The general rule under law is that no one can be tried behind their back. All trials must happen in the presence of a person,” he stated.

Barker-Vormawor noted that the second exception does not apply in Ofori-Atta's case, making the issue of notification the key consideration.

“The real question here is whether Ken Ofori Atta has been duly notified of the trial,” he said.

He argued that Ghana's criminal procedure laws do not clearly state how an accused person outside the country's jurisdiction should be notified of a criminal trial.

According to him, while civil cases are governed by provisions under CI 47, which set out procedures for notifying persons outside the jurisdiction or those whose whereabouts are unknown, there is no similar provision under Act 30 governing criminal proceedings.

“There is no law that provides for how a person will be notified of a trial. While in civil trials, the law (CI 47) has a mechanism by which a person who has been sued can be notified when they are outside the jurisdiction, and when we can’t find them notify them after three attempts,” he explained.

“However, in criminal trials, Act 30 which contains the procedure rules does not state exactly how a person can be ‘duly notified’ of a trial which is ongoing, when the trial is commenced without their presence or prior presentation to a court,” he added.

To support his position, Barker-Vormawor cited the case of Indian businessman Arvind Bhatennegar, who was tried and convicted in absentia in 2015 while outside Ghana.

“In 2015, Indian businessman Arvind Bhatennegar was tried in absentia and convicted while he was out of the country. The Supreme Court quashed the conviction as being improper for failure to notify him, in a 9-0 decision,” he said.

He subsequently questioned whether legal proceedings could effectively be brought to the attention of Ofori-Atta while he remains outside Ghana.

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His comments come after a United States immigration court approved an application by former Finance Minister Ken Ofori-Atta to adjust his immigration status.

The ruling clears the way for Ofori-Atta to continue the process of obtaining lawful permanent residency in the United States.

The court's decision followed its consideration of his I-485 petition, a key requirement in the US immigration process.

Can Ken Ofori Atta be prosecuted in absentia?
What does the law say?

The general rule under law is that no one can be tried behind their back. All trials must happen in the presence of a person.

To this general rule, there are two exceptions under Arricle 19(3). These are…

— Osagyefo Oliver Barker-Vormawor (@barkervogues) June 21, 2026

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