The Office of the Special Prosecutor (OSP) says the issue of trying former Finance Minister Ken Ofori-Atta in absentia has not yet arisen because the legal requirements have not been fully met.
In an explainer, the OSP’s Director of Strategy, Research, and Communications, Sammy Darko, said a trial in absentia can only begin after an accused person has been formally charged and properly served under constitutional procedures.
He said discussions about trying Ofori-Atta in his absence are premature.
“Trial in absentia is not triggered by the mere filing of charges,” Darko said. “It is triggered when a person who has been properly charged and properly notified of the proceedings refuses to come before the court.”
Sammy Darko explained that under Article 19(3) of the Constitution, a person may only be tried in absentia if they have first been “duly notified” of the trial and either refuse to appear or make their presence impracticable.
He stressed that “duly notified” requires strict legal procedures and cannot be replaced by informal communication.
“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 of documents in the United States, the process is still incomplete because proof of service has not yet been officially returned to Ghana.
“At this stage, what remains is proof that the documents have been served,” he said, adding that only after verified service and a failure to appear can the court consider proceeding in absentia.
Sammy Darko added that even after proof of service is filed, the court must still give the accused a reasonable opportunity to appear before taking further steps.
He also noted that the case is affected by a pending Supreme Court matter reviewing aspects of the OSP’s prosecutorial powers, which adds another layer of legal uncertainty.
