Professor Stephen Kwaku Asare has dismissed claims that former Finance Minister Ken Ofori Atta is being politically persecuted, arguing that the case against him is being pursued by a Special Prosecutor appointed by the previous government rather than a new administration seeking revenge.
In a strongly worded Facebook post on Christmas Eve, December 24, 2025, Professor Asare, popularly known as Kwaku Azar, described the political persecution narrative as hollow, theatrical and detached from legal reality. He was responding to comments made by Enayat Qasimi, Ofori Atta’s international legal practitioner, who told the BBC that his client was being unfairly targeted by Ghanaian authorities in the ongoing Ghana Revenue Authority (GRA) and Strategic Mobilisation Limited (SML) revenue assurance case.
Professor Asare questioned how Ofori Atta could claim to be fully committed to complying with Ghana’s laws while remaining outside the country and beyond the reach of local jurisdiction. “On Christmas Eve, we are being told that Oga is fully committed to complying with the laws of Ghana while remaining outside the jurisdiction, sidestepping lawful processes, and subcontracting accountability to BBC interviews. It requires presence, process, and submission to jurisdiction,” he wrote.
The legal scholar argued that the claim of political motivation collapses under basic scrutiny. “The case is not being driven by an opposition Attorney General or a new government seeking revenge. It is being pursued by a Special Prosecutor appointed by the previous government,” Professor Asare stated.
He emphasized that Ofori Atta is charged together with several others, including private individuals and entities, on allegations of corruption, abuse of office, and violations of public revenue and procurement procedures. “That is the textbook opposite of a political witch hunt. Political prosecutions isolate political opponents; they do not bundle politicians and private actors into the same factual matrix of alleged wrongdoing,” he argued.
Professor Asare added that several former high ranking officials from the same administration, including former President Nana Addo Dankwa Akufo Addo and former Vice President Mahamudu Bawumia, remain in Ghana without alleging persecution, making Ofori Atta’s claims appear hollow.
“You cannot be selectively absent, cry foul from overseas, and still demand the moral high ground,” he said, concluding that the story belongs where it fits best as comedy.
Ofori Atta is facing 78 counts of corruption alongside seven others over the SML revenue assurance contract with the GRA. The charges include alleged breaches of Section 23(1) of the Criminal Offences Act, 1960 (Act 29) and Section 92(2)(b) of the Public Procurement Act, 2003 (Act 663).
Enayat Qasimi, partner and co chair of the International Practice at Washington DC based law firm Whiteford, Taylor & Preston, has maintained that his client is not evading justice and that the case is politically motivated. In an interview with the BBC shared on December 24, he said Ofori Atta remains willing to cooperate with Ghana’s legal process.
“He is fully committed to complying with the laws of Ghana, and he is fully committed to answering for anything that he did when he was the finance minister. There is absolutely no question about that,” Qasimi stated.
However, he questioned whether Ofori Atta’s constitutional rights are being respected. “The question is, is he being given the rights that he is guaranteed under Ghanaian law? He is not, and he has never been,” Qasimi added.
The lawyer argued that investigative authorities, particularly the Office of the Special Prosecutor (OSP), were fully aware that Ofori Atta was receiving medical treatment in the United States and therefore had no basis to issue a Red Notice against him. “Mr Ofori Atta was receiving treatment. He was in the US, and they knew all along. There was no purpose for issuing the Red Notice, but they went ahead and issued it,” he said.
Attorney General and Minister for Justice Dr Dominic Ayine announced on December 18, 2025 that Ghana has formally submitted an extradition request to the United States for Ken Ofori Atta and an alleged accomplice, Ernest Akore, as investigations into the case continue.
Speaking during the Government Accountability Series, Dr Ayine described Ofori Atta’s legal team as very experienced and top notch, acknowledging the complexity of the extradition battle ahead.
Qasimi is a seasoned international legal practitioner whose career spans high level government service, global finance and cross border dispute resolution. Before joining Whiteford, Taylor & Preston, he served as Senior Vice President and General Counsel of a Saudi based investment banking firm in Riyadh.
His background also includes significant public sector experience, having worked with the Government of Afghanistan, serving in several senior roles including Minister of Civil Aviation and Transport, Senior Foreign Affairs Adviser, and Senior Legal Adviser to the President during the enactment of Afghanistan’s Constitution.
Qasimi holds a Juris Doctor from the University of Maryland School of Law, an MBA from the University of Baltimore, and a Bachelor of Arts from Bard College. He is admitted to practice law in the District of Columbia and Maryland.
The extradition case represents a significant test of Ghana’s anti corruption efforts and its ability to secure accountability from high ranking former officials who are abroad. The outcome will be closely watched by civil society organizations and the public, particularly as the National Democratic Congress (NDC) government pursues its Operation Recover All Loot (ORAL) initiative aimed at retrieving allegedly misappropriated state assets.
Professor Asare’s intervention adds to growing public debate about how corruption cases against former officials should be pursued while respecting due process and constitutional rights. The legal scholar has been a prominent voice on governance and constitutional matters in Ghana for many years.