If OSP Fails to Freeze Ofori-Atta’s Assets by Nov 14, I’ll Petition for His Removal – Martin Kpebu Warns

Prominent private legal practitioner Martin Kpebu has issued a strong ultimatum to Special Prosecutor Kissi Agyebeng, warning that he will petition for his removal if immediate steps are not taken to freeze the assets of former Finance Minister Ken Ofori-Atta over his alleged involvement in the controversial Strategic Mobilisation Ghana Limited (SML)–Ghana Revenue Authority (GRA) contract.

Speaking on TV3’s KeyPoints on Saturday, November 1, Mr. Kpebu accused the Office of the Special Prosecutor (OSP) of moving at a “worryingly slow pace” despite overwhelming evidence of wrongdoing detailed in the OSP’s own report and the KPMG audit.

“If by the 14th of this month Ofori-Atta has not been put before court so that his assets can be frozen, I’ll be the first to present a petition for the OSP’s removal,” he declared.

Call for Swift Legal Action

Kpebu said the OSP must now move beyond the investigative phase and take concrete enforcement measures to secure state assets that may be linked to proceeds of corruption or misappropriation under the SML–GRA contract.

“By the end of this month, we should know what the OSP intends to do,” he noted. “He hasn’t given any indication whether he’ll consider a trial in absentia, which some of us have been advocating for.”

He warned that any further delay could enable the former Finance Minister to transfer or conceal his assets, thereby undermining efforts to recover funds allegedly lost through the deal.

“Ofori-Atta has many assets in Ghana — shares, houses, and other businesses,” Kpebu said. “We need to freeze them before they disappear.”

Citing OSP Act for Immediate Freezing Orders

Kpebu referenced provisions under the Office of the Special Prosecutor Act, 2017 (Act 959), which empower the Special Prosecutor to freeze assets suspected to be connected to corruption. However, he cautioned that such orders are time-sensitive and must be followed by court approval to remain valid.

“The OSP can freeze assets for only 14 days; after that, he must go to court for an extension,” he explained. “He needs to move fast so we don’t lose everything.”

Slow Pace Undermining Public Confidence

The outspoken lawyer criticised what he described as the OSP’s “snail-paced approach,” arguing that it risks eroding public trust in the office’s ability to hold politically exposed persons accountable.

“He’s been on this case since 2023 and we’re still waiting. It’s becoming a very slow process,” Kpebu lamented. “This is not a private vendetta — it’s in the public interest. He must move with urgency and get freezing orders over all assets.”

Kpebu revealed that his civic campaign, dubbed “Operation Recover All Loot,” aims to ensure that every cedi lost through the SML–GRA contract is retrieved and restored to the state.

“We can’t afford to have Ofori-Atta sell his assets or transfer them to others,” he said. “This is public money — we must recover all of it.”

OSP Report Inconsistencies and Calls for Stronger Action

Kpebu also questioned aspects of the OSP’s recent report on the SML–GRA deal, noting inconsistencies between the documented evidence and the conclusions drawn. He said the report acknowledged severe underperformance by SML but oddly recommended the recovery of only GH₵125 million, far less than the total amount paid.

“The OSP’s report shows clearly that SML did not do the work and yet got paid,” Kpebu argued. “When you read paragraphs 212 to 215, you see how SML was not up to the task. Their equipment wasn’t even functioning.”

He said the report highlighted multiple instances when SML’s flow meters malfunctioned, yet the company continued to receive full payments.

“Even when they claimed to have replaced their flow meters, the evidence showed they were still not performing,” he said.

Documented Failures and Public Evidence

Kpebu cited investigative journalist Manasseh Azure Awuni’s documentary on the SML contract as further proof that the company’s services were substandard and unnecessary.

“You don’t need anyone to tell you — you see their own IT head in the video admitting that the NPA’s equipment for measuring petroleum products is far better than SML’s,” he recounted. “So why were we paying them?”

Mounting Pressure on the OSP

The lawyer’s warning adds to growing public pressure on the Special Prosecutor to demonstrate decisive action in one of Ghana’s most contentious financial scandals in recent years.

Analysts say that how the OSP handles this case will test its credibility, independence, and effectiveness as the nation’s leading anti-corruption body.

As Kpebu concluded, time is of the essence:

“We’re losing money every day that action is delayed. The OSP must show that the law applies equally to all — even to a former Finance Minister.”