A Human Rights Court in Accra has dismissed an interlocutory injunction application filed by former Finance Minister Kenneth Ofori-Atta, which sought to prevent the Office of the Special Prosecutor (OSP) from declaring him wanted.
Justice Kwame Amoako, who presided over the case, ruled that the application lacked merit and did not meet the legal threshold for an injunction.
The court also imposed a cost of GH¢5,000 against Ofori-Atta.
The judge held that the former minister had failed to demonstrate any irreparable harm he would suffer if the injunction was not granted.
Ofori-Atta had argued that the OSP’s public declaration violated his rights to dignity, administrative justice, and fair treatment.
He also sought compensation and requested that the OSP be ordered to remove the notices from its social media platforms.
During a media briefing on Feb. 12, Special Prosecutor Kissi Agyebeng declared the former finance minister wanted.
“A few minutes ago, I signed a directive declaring a high-profile person a fugitive from justice,” Kissi Agybeng said. “Mr. Ofori-Atta is wanted by the OSP to answer charges in respect of several cases… including contractual arrangements, procurement irregularities, and payments concerning state institutions.”
The OSP alleged that Ofori-Atta failed to honor multiple invitations for questioning regarding corruption-related investigations.
He left Ghana around Jan. 2, and later informed the OSP through his lawyers that he was abroad indefinitely for medical reasons.
Ofori-Atta’s legal team said he was not evading justice but dealing with serious health concerns, including preparations for surgery.
They argued that the declaration was arbitrary and unjust, and claimed the OSP had been informed of his medical condition before issuing the public notice.
On Feb. 18, the OSP removed Ofori-Atta’s name from its wanted list following assurances of his return to the country.
In the broader case, Ofori-Atta is seeking declarations that the OSP overstepped its mandate under Ghana’s legal framework, arguing that only the police, with court approval, can lawfully declare someone wanted.
He also contends that the OSP’s actions infringed upon his constitutional rights to personal liberty and freedom of movement, as protected under Articles 14 and 21 of the 1992 Constitution.
Ofori-Atta further cites violations of international human rights instruments such as the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights.
The court has yet to rule on the substantive human rights claims.