‘Ken Ofori-Atta is not a fugitive’ – Prof Ansa-Asare
A former Director of the Ghana School of Law, Professor Kwaku Ansa-Asare, has strongly criticised the Office of the Special Prosecutor (OSP) for what he describes as a deliberate attempt to conduct a “media trial” against former Finance Minister Ken Ofori-Atta.
Prof. Ansa-Asare believes the way the OSP is handling its public communication on the matter is causing more harm than good. According to him, this media-driven approach goes against the legal principle that every accused person is presumed innocent until proven guilty in a court of law.
Speaking on Joy News’ PM Express on Tuesday, June 3, he expressed worry about the way the OSP is pushing its case into the public domain using emotionally charged and dramatic language.
“Ken Ofori-Atta, as at now, is not a suspect. He has not been tried yet, and so he’s not guilty. No one has established his guilt,” he stated firmly.
“Under Article 19(3) of our Constitution, he is presumed to be innocent until we are able to bring him down.”
These remarks were made in the context of increasing attention being given to the OSP’s investigation of the former finance minister. The investigations stem from allegations of corruption and mismanagement related to certain government transactions, especially surrounding the Electricity Company of Ghana (ECG).
But Prof. Ansa-Asare is warning that such public displays of force and commentary from the OSP risk damaging public trust in Ghana’s legal system. He explained that the presumption of innocence is a key part of justice and must be protected, regardless of the person involved.
“Why declare him the most wanted fugitive running away from justice?” he asked. “We are making Ken look like a murderous fugitive who has stolen all the assets.”
He pointed out that although the Special Prosecutor has identified a number of concerns relating to Ofori-Atta’s time in office, those concerns must still be carefully examined through legal processes — not public judgment.
“The Special Prosecutor has outlined five very serious issues, not offences—issues. If there are issues and they are not established offences, there’s a way all of us have to go about it because of the dignity and the fundamental human rights enshrined in the Constitution,” he said.
When the host of the programme, Evans Mensah, asked him directly whether he felt the OSP was applying too much pressure or using a heavy-handed approach, Prof. Ansa-Asare responded without hesitation.
“Yes, I think the state hasn’t approached it in a way that connects with the fundamental human rights and freedoms that are enshrined in our Constitution,” he said.
He added that the portrayal of Mr. Ofori-Atta as someone on the run from justice is both unfair and dangerous. According to him, this kind of aggressive labelling may not only damage the former minister’s reputation permanently but could also make him fear returning to the country.
“Don’t declare anybody the most wanted fugitive in a red alert. When you terrorise an innocent citizen, the end result is that he’s so intimidated he will find it very difficult to come back,” he said.
“Because the moment the plane lands, he will be arrested.”
When Evans Mensah pressed further, asking if he truly believed Mr. Ofori-Atta was being treated in a way that could be described as “terrorising,” the legal scholar maintained his position.
“I think so. The long arm of the criminal law is seeking to arrest him. So it is now longer than what we are imagining. We could have gone about it in a much more decent manner.”
Prof. Ansa-Asare’s comments add to the growing debate over how Ghana’s anti-corruption agencies carry out their mandate — especially when it comes to balancing justice with human rights. He believes that the OSP’s current style risks turning the legal process into a public spectacle, which may weaken the rule of law in the long term.
While many Ghanaians are calling for accountability in public office, especially from former government officials, Prof. Ansa-Asare is urging caution and respect for constitutional rights. In his view, even those under investigation must be treated with dignity, and investigations must follow due process rather than be prosecuted through the media.