Private legal practitioner, Alfred Paapa Darkwah, has expressed concerns about the actions of the Office of the Special Prosecutor (OSP) regarding former Finance Minister Ken Ofori-Atta. In an interview with Joy FM’s Top Story on February 17, Darkwah raised questions about the legal basis for the OSP’s decision to declare Ofori-Atta wanted over several allegations of financial misconduct. According to Darkwah, if the OSP has sufficient evidence to charge Ofori-Atta, it would be more appropriate to go directly to court and initiate legal proceedings rather than issuing a public wanted notice. He argued that this move by the OSP appeared unnecessary, especially without a clear explanation of the specific offenses Ofori-Atta is being accused of committing. Darkwah pointed out that the public deserves clarity on the nature of the alleged crimes, as the wanted declaration seemed to lack transparency and justification.
Darkwah further criticized the OSP's approach, suggesting that the Special Prosecutor could have explored other legal options instead of resorting to declaring Ofori-Atta wanted. He emphasized that if the OSP had a solid case against Ofori-Atta, the next logical step would be to prosecute him in court, even in his absence, rather than simply placing him on a wanted list. Darkwah pointed out that Ofori-Atta's legal representatives have already informed the OSP of his location and the challenges he faces in returning to the jurisdiction. This, he argued, raises questions about the necessity of declaring him wanted when the OSP was aware of his situation and had received formal communication from his lawyers. Darkwah's comments suggest that the OSP might be overstepping its bounds, and that its actions could be seen as excessive or improperly executed if the required legal protocols are not followed.
In his analysis, Darkwah also questioned whether the OSP had exceeded its legal authority in issuing a wanted notice without a clear and substantiated offense. He reminded listeners that the powers granted to the OSP, similar to those of the police, are based on reasonable suspicion that an offense has been committed. However, he noted that, so far, the OSP had not provided any detailed information regarding the specific crime that Ofori-Atta is alleged to have committed. Darkwah's stance is that before any legal action, including issuing a wanted notice, there must be a clear and justifiable basis for the allegations. He urged the OSP to either present solid evidence for prosecution or move ahead with the necessary legal proceedings in court, rather than resorting to actions that might not be legally warranted.
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