Ken Ofori-Atta ‘Fugitive’ Tag: What Kind of Abuse of Power Is This? – Special Prosecutor ‘Fired’

Member of Parliament (MP) for Effia, Isaac Boamah-Nyarko is unhappy with the Special Prosecutor declaring former Finance Minister, Ken Ofori-Atta, as a “wanted fugitive”.

The lawyer, making his submissions on Peace FM’s “Kokrokoo” panel discussion programme, asserted that the Special Prosecutor, Kissi Agyebeng is abusing his powers.

The Office of Special Prosecutor (OSP) says the former Finance Minister is wanted by his outfit to assist in investigations into corruption cases including the Ghana Revenue Authority and Strategic Mobilisation Ghana Ltd (SML) deal as well as the construction of the National Cathedral which currently remains a hole despite the alleged spending of $58 million of government money.

Responding to the OSP’s invite, Ofori-Atta’s lawyers wrote a letter indicating he is receiving medical attention in the USA and will make himself available upon his return to Ghana but Kissi Agyebeng doubts the content of the letter, hence declaring the former Minister as a fugitive.

“The purported medical letter transmitted through his lawyers to the OSP does not establish or demonstrate that he is incapable of returning”, therefore, “the OSP remains unconvinced that the letter constitutes a valid medical report proving that Mr Ofori-Atta is so ill or physically incapacitated that returning to Ghana would imperil his life”.

“No serious law enforcement agency, and certainly not the OSP, will be convinced that the purported medical letter prevents it from demanding Mr Ofori-Atta’s physical appearance before it under the described circumstances”, he said at a press conference.

Mr. Agyebeng emphasized; “OSP declares Kenneth Nana Yaw Ofori Atta a wanted fugitive. Mr Ofori Atta, you have two choices, you can return to the jurisdiction voluntarily or face the consequences”, “he is a fugitive from justice” and stressed “you can either return to the jurisdiction voluntarily or the OSP will enforce your return.”

But to lawyer Isaac Boamah-Nyarko, the OSP only wants to disgrace people instead of doing due diligence before jumping into conclusions.

Indicating he holds no brief for Ofor-Atta, he noted the Special Prosecutor’s conduct is highly unacceptable.

“The OSP has turned into a body that invites you and wants you to appear immediately…Who does that in this country? Where is he getting those powers from?”

He argued that, by law, a person can refuse to honor an invite by a State investigative agency unless it provides a court warrant, something that Kissi Agyebeng failed to establish in his press conference.

He expounded that even with a warrant, the accused must be given ample time of at least 2 weeks to honor the invite and that the Special Prosecutor’s insistence that Ofori-Atta must appear immediately contravenes the laws of Ghana.

He therefore found it irrational and unlawful for Ofori-Atta to be described a fugitive, especially when  he has responded accordingly and notified Mr. Agyebeng about his health condition.

“…the OSP is doing is completely out of order. He’s completely out of the laws of this country”

“What kind of abuse of power is that? The Special Prosecutor has to be called to order. He has to rescind that kind of behavior”, he exclaimed.

 

Source: Ghmessenger.com