OSP rejects calls for trial in absentia for Ofori-Atta

The Director of Strategy, Research and Communication at the Office of the Special Prosecutor (OSP), Sammy Darko, has rejected calls to initiate a trial in absentia against former Finance Minister Ken Ofori-Atta, stating that such a move would be legally inappropriate at this stage.

His comments come in response to private legal practitioner Martin Kpebu, who earlier urged the OSP to begin proceedings even if Ofori-Atta remains outside Ghana.

Kpebu argued that once preliminary steps such as efforts to take the suspect’s statement are complete, the OSP has the mandate to proceed.

“This is his country. He owns property here. So let’s start. If he doesn’t show up, the trial can continue without him,” Kpebu suggested, adding that the OSP should at least attempt to take Ofori-Atta’s statement abroad.

However, speaking in an interview, Mr. Darko clarified that Ghanaian law does not permit trial in absentia unless the accused has first been formally charged, appeared in court, and subsequently absconded.

“If the law allowed trial in absentia without the suspect ever appearing in court, we wouldn’t still be pursuing extradition,” he explained.

He stressed that due process including formal service of charges and initial court appearance is a non-negotiable legal requirement.

Mr. Darko also dismissed claims of friction between the OSP and the Attorney-General’s Department, affirming that both agencies remain fully engaged on the matter.

Ken Ofori-Atta is currently under investigation by the OSP for alleged corruption-related offences, including issues linked to the National Cathedral project, revenue assurance deals, and procurement breaches.

In January 2025, the OSP identified him as a suspect and requested his presence for questioning.

He reportedly cited medical reasons for his absence and failed to provide a timeline for his return, prompting the OSP to declare him a wanted person and issue an INTERPOL red notice.

Despite this, the Attorney-General’s Department has informed the OSP that it cannot proceed with a formal extradition request without receiving the full investigative docket.

The AG’s office maintains that the OSP must first complete and submit the necessary documentation.