L-R: Kwabena Agyepong, Ken Ofori-Atta and Kissi Agyebeng
A former General Secretary of the New Patriotic Party (NPP), Kwabena Agyei Agyepong, has strongly criticised Special Prosecutor Kissi Agyebeng for re-declaring former Minister of Finance, Ken Ofori-Atta, as a fugitive from justice.
According to Agyepong, since the Office of the Special Prosecutor (OSP) announced it had begun investigating Ofori-Atta, it has yet to outline any charges it intends to prosecute him for.
As a result, he argued Ofori-Atta cannot be considered an accused person, as no formal charges have been filed against him.
In a statement sighted by GhanaWeb on Tuesday, June 3, 2025, Agyepong expressed the view that although the Special Prosecutor regards the former minister as a person of interest in a series of cases, this alone does not justify labeling him an accused.
“So, what is wrong with this OSP? Is he conducting a public and media trial of Ken Ofori-Atta? As at now, no charges have been brought against Ken, so he’s not an accused person yet, even if the OSP sees him as a person of interest.
“If the OSP has what he’s claiming he has, why hasn’t he charged Ken with all the assembled facts and evidence and started prosecution in a proper court of law? After all, people have been tried in absentia several times in the past,” he stated.
The politician further argued that the OSP’s decision to re-declare Ofori-Atta a fugitive from justice after he failed to appear on the agreed date, June 2, was unlawful.
He maintained that such a designation can only be made by a court, not by the prosecutor.
He added that the OSP should instead focus on executing its core mandate as a prosecutor by presenting its case against Ofori-Atta before a judge and formally outlining any charges it intends to pursue.
“Does he need the physical presence of Ken before he does his job? Only a court of competent authority can declare someone a fugitive from justice if he refuses to appear before the court. That cannot be the mandate of a prosecutor who should be busying himself trying to prove his case before a judge,” he continued.
He went on to say that if the Special Prosecutor was able to operate outside the country’s jurisdiction after claiming his life was under threat, then he should also be able to adopt the necessary means to reach the former minister.
Agyepong further argued that the OSP’s decision to declare Ofori-Atta a fugitive from justice appeared to be an attempt to save face.
He strongly reiterated his view that the Office of the Special Prosecutor should not have been established, asserting that it has failed to fulfill its mandate and instead has become a financial burden on the state.
“When he claimed his life was under threat, didn’t he find it necessary to operate outside the country at our expense? If he could work outside the country, then he can equally reach Ken. This is clearly a PR stunt to justify himself in an office that should never have been set up in the first place, a worthless drain on our overstretched public purse.
“I think Ken’s legal team should call his bluff. Why should Ken provide him with evidence that can incriminate him in a possible trial? The OSP is not a judge and should be stopped from exceeding his mandate,” he indicated.
In his statement, Kwabena Agyepong emphasised his firm commitment to accountability, acknowledging the importance of holding individuals responsible for any misconduct committed while in government.
However, he added that the law must not be violated in the pursuit of accountability, while condemning the approach used by state security agencies in carrying out these arrests.
“As a patriot of our beloved motherland Ghana, I want all who have misconducted themselves whilst in government to face the full consequences of their actions, but in a lawful way, not the high-handed rambo style invasions being systematically carried out in the name of ongoing investigations. We the people will not condone any moves calculated to further damage our party’s brand on the altar of political expediency period,” he added.
MAG/AE
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