Former Finance Minister Ken Ofori-Atta has not succeeded in his attempt to temporarily prevent the Office of the Special Prosecutor (OSP) from labeling him as wanted while awaiting a resolution on a significant motion he filed. This motion contests the OSP’s February 12, 2025 announcement at a press conference that he was wanted.
In a ruling spanning 33 pages, the court, led by Justice Kwame Amoako, determined yesterday that the former minister did not successfully persuade the court that he would face irreversible harm that could not be addressed through monetary compensation if the interim injunction was not granted.
The court also indicated that the balance of convenience heavily favors the OSP, considering the public interest aspect that influenced its decision to declare him wanted.
Justice Amoako referenced various Supreme Court rulings that emphasized caution when exercising judicial discretion in granting temporary injunctions against state entities and officials executing constitutional and statutory duties.
Lawsuit
On March 13, 2025, Mr. Ofori-Atta initiated legal action against the Special Prosecutor, Kissi Agyebeng, and the Office regarding the declaration of him as wanted and a ‘fugitive from justice’ due to an ongoing investigation.
Filed with a High Court in Accra, the lawsuit asserts that the OSP lacks the legal authority to issue a public statement declaring someone wanted or a fugitive from justice.
It also argues that the OSP’s powers are no different from those granted to the police in terms of declaring someone wanted, which cannot be done without permission from the court.
In addition, the suit contests the OSP for keeping Mr. Ofori-Atta’s name and likeness in the wanted persons section on its website, despite the OSP stating that the former minister was no longer on its ‘Wanted’ list.
Temporary Restraining Order
While the lawsuit was ongoing, Mr. Ofori-Atta filed a request for a temporary restraining order, aiming to stop the OSP from labeling him as wanted and a fugitive from justice.
He also sought a court order for the OSP to eliminate previous statements from its social media channels, among other requests.
Although the OSP removed Mr. Ofori-Atta from its wanted persons list on February 18, 2025, the Office again declared him wanted and a fugitive on June 2, 2025, due to his failure to appear in person as required in relation to corruption inquiries.
The Office also initiated proceedings to issue an Interpol Red Notice for locating and provisionally arresting Mr. Ofori-Atta in any jurisdiction.
On June 5, 2025, Interpol issued a Red Notice for Mr. Ofori-Atta, stating he is wanted for allegedly misusing his public office for personal gain.
Judgment
Justice Amoako’s judgment was grounded in the established three criteria necessary for the issuance of a temporary restraining order: whether there exists a serious issue to be considered, whether there is irreversible harm that cannot be compensated through damages, and the balance of conveniences.
Regarding the initial requirement, the judge noted that Mr. Ofori-Atta presented multiple points in his main motion, to which the OSP had provided a thorough response, indicating that there are matters that need to be examined.
The court rejected the OSP’s argument that the applicant had not presented a significant question or issue for consideration, pointing out that resolving the main motion will clarify the raised issues and establish the legitimacy of the human rights violation claims.
Concerning the second requirement, the court determined that Mr. Ofori-Atta did not demonstrate that he would suffer irreversible harm that could not be rectified by financial compensation from the OSP. It was noted that Mr. Ofori-Atta’s request for damages as one of the relief options in his initial motion shows that any injury inflicted upon him could be addressed through monetary compensation.
Justice Amoako further stated that Mr. Ofori-Atta did not specify what irreparable damage he would face if the temporary injunction was denied and he ultimately prevails in the main motion.
In conclusion, the court decided that the balance of convenience favored the OSP, especially considering that the former minister managed to cope during the time he was listed as wanted and the subsequent time he was removed from the list.
The judge mentioned that approving the temporary injunction would hinder the operations of the OSP, leading to its dismissal.
A cost amounting to GH¢5,000 was ordered against Mr. Ofori-Atta in favor of the OSP. The main case was postponed until July 15, 2025, for a hearing.
