The Human Rights Court in Accra has dismissed an interlocutory injunction application filed by former Finance Minister Kenneth Ofori-Atta, seeking to restrain the Office of the Special Prosecutor (OSP) from re-declaring him “wanted” and “fugitive from justice.”
Aside from dismissing the action, the Court has also awarded costs of GHc 5,000 against Ofori-Atta for the unmeritorious application.
Justice Kwame Amoako, while dismissing the application, stated that the applicant, Ken Ofori-Atta, failed to meet the three requirements for the grant of an interlocutory injunction.
The Court noted that the grounds – a serious question to be tried, serious damage that cannot be remedied by an award of damages, and balance of convenience tilting in his favor – did not materialize.
Justice Kwame Amoako, the presiding judge, was quick to assert that despite dismissing the injunction as lacking merit, the court has refrained from determining whether the substantive writ has merit or not.
Meanwhile, the Court has ordered the parties to file their issues for determination in the substantive matter within two weeks for possible adoption by the court.
With the agreement of the parties, the substantive writ has been adjourned to July 15, 2025.
Background
On March 13, 2025 the former Finance Minister Ken Ofori-Atta filed the legal action against the Office of the Special Prosecutor (OSP) over its decision to declare him wanted.
Mr. Ofori-Atta contended that, the move is unlawful, because it had damaged his reputation, and violated his fundamental human rights.
In his Human Rights action filed at the Human Rights Division of the High Court in Accra, the former minister sought an injunction to prevent the OSP from reissuing the declaration.
It was his case that, the OSP had no statutory power to unilaterally label him a “wanted person” or a “fugitive from justice” without a court order.
Ofori-Atta, asserted that the OSP’s actions have breached his right to personal liberty under Article 14 and right to free movement under Article 21 of the 1992 Constitution.
He claimed also that the OSP’s conduct violated Article 12 of the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (AfCHPR).
In this regard, he urged the court to declare among other things that: “The OSP has no legal authority to use media briefings to declare a person wanted or a fugitive from justice.
“Such declarations fall under the purview of the Ghana Police Service and require the court’s approval.
“The OSP’s continued publication of his name and image as a wanted person is unlawful.
“Any violation of his human rights by the OSP constitutes a breach of Ghana’s international treaty obligations,” he asked.
Beyond these declarations, Ofori-Atta is demanding an order for the immediate removal of his image from the OSP’s wanted list, compensation for reputational damage, and a directive compelling the OSP to engage his lawyers through formal legal communication rather than public briefings.
Meanwhile, the OSP defended its decision, claiming that Ofori-Atta failed to present himself for questioning despite multiple invitations.
Reliefs sought
a). The Office of the Special Prosecutor (OSP) has no statutory powers to use Media Briefing to declare a person WANTED or “fugitive from justice”
b). The OSP has no powers other than what is provided for the Police to declare a person wanted and same cannot be done without leave of the Court:
c). The Office of the Special Prosecutor, in exercising the powers of the Police as provided for under Section 28 of the Office of the Special Prosecutor Act, 2017 (Act 959), and the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374), is bound by the limits placed on the exercise of discretionary power as enshrined in the Service Instructions of the Police Service, under Article 200, and consistent with Article 296 of the Constitution 1992;
d). The unlawful declaration of the Applicant as “WANTED” or “fugitive from justice” constitutes violation of his right of personal liberty as enshrined in Articles 14 of the 1992 Constitution; and right of free movement enshrined in Article 21 of the 1992 Constitution, Article 12 of the International Covenant on Civil and Political Right (ICCPR) as well as Article 12 of the African Charter on Human and People’s Rights (AfCHPR);
e). Any act of the Office of the Special Prosecutor as a State Agency that violates the Applicant’s human rights will amount to a breach of Ghana’s international treaty obligations under the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights;
f). The Special Prosecutor, Kissi Agyebeng, Esq., as a lawyer was in breach of Article 23 when he responded to the letter of the Solicitors of the Applicant by Media Briefing contrary to Rules 8 and 12 of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423);
g). The OSP did not act fairly and reasonably and was in breach of Article 23 of the 1992 Constitution when through the Special Prosecutor it sought to change the contents of its letter of 24th January 2025 to the Applicant by Media Briefing;
h). The OSP has acted unfairly and capriciously when it continued keeping the Applicant’s picture as a WANTED PERSON on its website contrary to its publication by a PRESS RELEASE dated 18th February 2025 under the hand of the Special Prosecutor that the Applicant ceases to be a WANTED PERSON;
Orders sought
a). For the immediate removal of the photograph and details of the Applicant from the WANTED LIST on the website of the OSP;
b). For payment of compensation for: (i) unlawfully declaring the Applicant WANTED, (il) unlawful publication on the OSP’s website that the Applicant is a WANTED person and (ji) keeping the Applicant’s photograph and details on its website as a WANTED PERSON contrary to the contents of its letter of 18th February 2025 to the Applicant;
c) Directing the Office of the Special Prosecutor to respond by letter as required by law to all the letters of the Applicant’s Solicitor that remain outstanding;
d). Directing the OSP to list documents that it may require from the Applicant for investigations and serve same on the Solicitors of the Applicant for them to furnish same pending the return of the Applicant into the jurisdiction;
e). Of injunction restraining the Office of the Special Prosecutor from carrying out its threat in the Press Release issued on 18th of February 2025, of repeating the unlawful re-entering of the Applicant’s name as a Wanted Person or Declaring him a “fugitive from justice.
Source :www.kumasimail.com
