Special Prosecutor Unclear on Charges Against Ofori-Atta – Ayikoi Otoo

Former Attorney General Ayikoi Otoo has raised concerns about the Office of the Special Prosecutor’s (OSP) handling of the case against former Finance Minister Ken Ofori-Atta, suggesting that the investigative body appears uncertain about the charges to be filed against him.

Speaking on *The Big Issue* on Channel One TV on Saturday, February 15, Ayikoi Otoo criticized the inconsistencies in the OSP’s approach, arguing that such legal missteps could weaken its credibility.

He questioned the decision to declare Ofori-Atta a fugitive despite the absence of an arrest warrant.

“If all you need is for him to assist with investigations, how do you label him a fugitive when you haven’t even issued a single arrest warrant stating that he should be taken into custody and that he is evading authorities?” he asked.

Ayikoi Otoo also noted that reports of Ofori-Atta’s ill health cast doubt on the necessity of aggressive legal measures to secure his cooperation.

Furthermore, he argued that the Special Prosecutor seems unsure about the exact charges against the former minister.

“The way this case is being handled suggests that they don’t even know what charges to bring against him. Their duty is to prosecute, not to fumble with unclear accusations,” he remarked.

He emphasized that the OSP’s role is to gather evidence and build a case using prosecutorial witnesses rather than relying on a suspect’s statements to incriminate themselves.

“You cannot base your case on what the accused will say. It is up to the prosecution to collect evidence from various sources,” he asserted.

Ayikoi Otoo also pointed out that the OSP, which previously struggled with staffing, now has about 340 personnel—enough to focus on assembling a strong case instead of resorting to questionable legal tactics.

Additionally, he cited constitutional provisions that protect individuals from self-incrimination.

“Is it not clearly stated in the Constitution that no one can be forced to testify against themselves? And when someone is arrested, aren’t they informed of their right to remain silent because anything they say can be used against them in court?” he questioned.

Drawing parallels to past cases where individuals were tried and sentenced in absentia, he suggested that if the OSP has solid evidence, it should proceed accordingly.

“What do you need him for? Why should he provide evidence, and when he refuses, you declare him wanted? Have we not seen cases where individuals were tried in absentia and sentenced? If you are confident in your case, go ahead and prosecute instead of playing to the gallery,” he argued.

Ken Ofori-Atta has been declared a fugitive by the OSP over alleged corruption during his tenure as Finance Minister. Special Prosecutor Kissi Agyebeng has stated that all necessary measures will be taken to bring him back, as he is currently abroad and has avoided the investigation.

Ofori-Atta is accused of causing financial losses to the state, including the alleged misuse of $58 million in government funds for the controversial National Cathedral project, which remains incomplete.