By: Nana Karikari, Senior Global Affairs Correspondent
Ghana’s institutional anti-corruption fight suffered a critical failure early this year. Special Prosecutor (SP) Kissi Agyebeng has revealed a “security set up” within the state actively hindered the Office of the Special Prosecutor, or OSP. This blockage prevented the OSP from applying travel restrictions to former Finance Minister Ken Ofori-Atta.
Mr. Ofori-Atta served as Minister for Finance until early 2024. He departed Ghana around Jan. 2, 2025. Mr. Agyebeng stated his office did not receive cooperation from key security agencies at that critical juncture.
Speaking on the KSM Show this week, Mr. Agyebeng disclosed the situation: “I mean the security set up was against the OSP, so we will not be able to perform our job, this was the situation.” He emphasized the institutional fragility of his office. “We don’t control the airport, we don’t control the exit point,” he noted. The minister left while his cousin, Nana Akufo-Addo, was still President. This institutional sabotage set the stage for the current crisis. The OSP’s international effort to extradite Ofori-Atta from the U.S. is now stalled on high-profile corruption charges.
Timeline Establishes Fugitive Status
The OSP launched its investigation immediately after Ofori-Atta left the jurisdiction. On Jan. 24, 2025, the OSP formally notified Mr. Ofori-Atta he was a suspect in five financial cases. He was directed to appear in person on Feb. 10.
His legal team responded quickly on Jan. 31, citing an indefinite absence from Ghana for medical reasons and offering cooperation. The OSP rejected this claim, demanded a return date by Feb. 10, and warned of legal action.
Ofori-Atta’s lawyers then submitted a “generic letter” from a foreign doctor. After he failed to report by a rescheduled June 2 deadline, the OSP reaffirmed his fugitive status. On June 5, 2025, the OSP secured an Interpol Red Notice for “Using Public Office for Profit,” warning that the OSP would enforce his return.
Five Major Accusations (SML Case Detailed)
The OSP declared Mr. Ofori-Atta wanted in connection with five major cases that collectively caused “major financial loss to the state.” The largest investigation concerns the Strategic Mobilisation Ghana Limited (SML) revenue assurance contract. The OSP’s findings labeled the deal a “masterful and mischievously crafted scheme” by the former Finance Minister.
The report established that Mr. Ofori-Atta was allegedly personally and centrally involved in pushing the contract, despite having direct knowledge of SML’s “operational and full incapacity.” The OSP cited that he was “copied in every email chain” and failed to intervene, instead allegedly endorsing and approving unwarranted payments totaling over GH₵1.4 billion from the Consolidated Fund, the Petroleum Revenue Account, and the Tax Refund Account.
The OSP found no genuine need for the contract and has since initiated action to recover GH¢125 million from SML. Other charges include procurement processes for the controversial National Cathedral project. The OSP is also probing the termination of a contract between the Electricity Company of Ghana, or ECG, and Beijing Xiao Cheng Technology. The OSP is investigating the procurement of 307 ambulances and alleged misuse of the Ghana Revenue Authority Tax Refund Account.
The Defense
Mr. Ofori-Atta’s defense challenges the fugitive declaration, citing medical necessity and international legal protection. His representatives maintain he is not evading justice, but rather “a patient undergoing essential medical treatment.” His legal team argues that compelling his repatriation from the U.S. would violate international legal norms, stressing that “No legal framework, Ghanaian or international—permits the forced extradition or repatriation of a patient undergoing treatment.”
The NPP-USA Communications Directorate backed this stance, calling the OSP’s declaration “unlawful and unfounded.” Lawyer Frank Davis, representing the former minister, severely criticized the Special Prosecutor’s public actions. Mr. Davis insisted the OSP was judging Ofori-Atta in the “court of public opinion” and maintained that the prosecution must prove guilt “beyond all reasonable doubts.” This defense is built on three central claims: challenging the fugitive status due to medical absence; arguing the OSP’s declaration is procedurally unsound; and maintaining the constitutional right of the accused to be presumed innocent, placing the full burden of proof on the state.
OSP and Attorney General Docket Dispute
The core barrier to extradition is procedural friction between the OSP and the Attorney General’s Department (AG), as international enforcement actions must be executed through the AG’s office.
SP Kissi Agyebeng has publicly lamented the extradition delay, warning that “silence is becoming complicity.” The Attorney General’s office reportedly “fires back, accusing the OSP of frustrating the extradition process by failing to release the case docket.” Analysts suggest the delay stems from the OSP’s incomplete documentation for a robust U.S. extradition request, which demands high standards of proof and assurance that the process is “free from political interference.”
This conflict risks providing grounds for the U.S. to delay or reject the extradition. The friction mirrors past incidents, confirming the AG’s power can functionally neutralize OSP actions.
U.S.-Ghana Relations and International Credibility
The Ofori-Atta extradition case is a critical test of Ghana’s judicial credibility and directly impacts bilateral relations with the United States. The failure to prosecute alleged “acts of significant corruption” exposes the former minister to potential scrutiny under the U.S. Global Magnitsky Act, which authorizes visa bans and asset freezes. For African nations seeking foreign direct investment, perceived impunity undermines confidence in governance and increases perceived operational risk.
Political and Constitutional Fallout
The Ofori-Atta case is a defining political test of Ghana’s accountability system. The governing National Democratic Congress (NDC) administration, which controls the AG’s office, is under pressure to execute the extradition. The failure to secure the return risks confirming public perception that accountability is “reserved for the powerless.”
The opposition New Patriotic Party (NPP) has mobilized a staunch political defense. This fosters the public view that accountability is easily resisted by a “network of influence.”
The OSP’s power is constrained, as its prosecution authority is “subject to clause (4) of article 88 of the Constitution,” which vests general prosecutorial powers in the AG. SP Agyebeng has proposed “embedding the Office of the Special Prosecutor within the Constitution” to safeguard its independence. Legal expert Martin Kpebu suggested that pursuing a “trial in absentia may be the only way forward.”
A Test of National Will
The Ofori-Atta saga encapsulates the persistent struggle between a statutory anti-corruption mandate and entrenched political power. The core issue is not a lack of investigative rigor by the OSP—but the structural weakness that grants enforcement power to politically appointed agencies. The initial failure by security services to prevent the former minister’s departure, followed by the public conflict with the Attorney General over the extradition docket, exposes Ghana’s failure to create a unified front against elite corruption.
The cost of this institutional friction is measured in profound public cynicism. The failure to secure justice for the powerful threatens to render Ghana’s anti-corruption architecture “truthless.” Ultimately, the resolution of this case will define whether Ghana’s rule of law applies equally to all citizens or remains negotiable for those with influence and wealth
