Director of Strategy, Research and Communications at the Office of the Special Prosecutor (OSP), Samuel Darko, has addressed concerns about the procedural handling of charges against former Finance Minister Ken Ofori-Atta, who is currently outside Ghana.
Speaking on JoyNews’ Newsfile on Saturday, November 22, Mr Darko dismissed claims that the OSP was delaying the process, stressing that the law requires that accused persons, not their lawyers, be served directly.
“This brings me back to the inaccuracy and misinformation that we believe is sometimes deliberate and sometimes out of ignorance,” he said.
“These narratives feed the idea that the OSP is not doing its work right, and that affects credibility.”
He explained that the former minister is currently outside Ghana, which has triggered additional procedural requirements.
“Because Mr Ofori-Atta is not in the jurisdiction, and as every lawyer is aware, when it comes to criminal law, you do not serve the lawyers of the accused person. It has to be served on the person,” he noted.
“So we have filed the charges. We’ve applied for a summons to serve him where he is.”
Mr Darko criticised what he described as attempts to rush the OSP into actions that would compromise due process.
“The OSP will listen to people, but it does not pander to people. It follows due process and it follows the law,” he stressed.
He recalled that during the investigative stage, some lawyers pressured the OSP to immediately file charges, even though the law allows investigators to first secure the presence of the accused.
Mr Darko further revealed that the OSP placed Mr Ofori-Atta on an Interpol Red Notice after intelligence suggested he was travelling freely despite claiming he was too ill to appear before investigators.
“It is on record that he had been going to the United Kingdom, Hong Kong and a few other places,” he said.
“So we had to get an arrest warrant on a charge and then restrict his movement… to the United States.”
He stated that the OSP is committed to following lawful procedures, regardless of public impatience or political commentary.