The Office of the Special Prosecutor (OSP) says efforts to prosecute former Finance Minister Ken Ofori-Atta in absentia are firmly grounded in legal procedure and depend on proper service of court processes through international cooperation channels.
Speaking on the matter on the KeyPoints on June 20, Director of Strategy, Research and Communications at the OSP, Samuel Appiah Darko, explained that the current focus is on completing formal service through mutual legal assistance arrangements before any trial steps can proceed.
According to him, the United States authorities have already received Ghana’s court documents and charge sheet, and the next stage is to effect service on the accused person before timelines can be set by the court.
“Once the U.S authorities return service, then the Attorney General will also serve the court, and the judge will give timelines within which he must appear,” he said.
Darko stressed that a trial in absentia is only triggered under strict legal conditions, particularly where an accused person has been properly served and chooses not to appear.
“If he elects not to come, then the judge may proceed with trial in absentia,” he added.
He clarified that the OSP’s position on trial in absentia has remained consistent since 2025, rejecting claims that the office has shifted its legal interpretation over time.
He also pushed back on suggestions that the OSP should serve lawyers instead of the accused directly, insisting that criminal procedure requires personal service in felony cases.
“This issue about serving lawyers is not applicable. In a criminal trial, service is personal,” he stated.
Darko further noted that the case involves multiple accused persons, including individuals outside the country, and is part of broader proceedings already before the court.
He said the case has experienced adjournments, partly due to legal challenges to prosecutorial processes, but insisted that charges and evidence have already been filed.
“As we speak, the case has been adjourned to July 2026, but charges have been filed and evidence exists against all accused persons,” he said.
He maintained that the OSP has acted within its mandate and followed due process in building the case.
According to him, the focus now is procedural completion rather than debate over whether investigations are politically motivated.
By Christabel Success Treve
