Stop terrorising Ken Ofori-Atta – Special Prosecutor told
A former Director of the Ghana School of Law, Professor Kwaku Ansa-Asare, has strongly accused the Office of the Special Prosecutor (OSP) of using tactics that amount to terrorising former Finance Minister Ken Ofori-Atta.
According to Prof. Ansa-Asare, the OSP’s handling of the ongoing corruption investigation is not only harsh and excessive but also goes against the spirit of the 1992 Constitution. He believes that the approach being used lacks fairness and undermines the basic legal protections every citizen is entitled to.
Speaking on Joy News’ PM Express on Tuesday, June 3, the respected legal academic questioned why the OSP seems to be treating Mr. Ofori-Atta as though he has already been found guilty in a court of law.
“Ken Ofori-Atta, as at now, is not a suspect who has been tried. He has not been found guilty. No one has established his guilt, so he’s a suspect,” he said.
He reminded the public and state authorities that under Ghana’s Constitution, everyone is presumed innocent until proven guilty through a proper legal process.
“Because he’s a suspect under Article 19, Clause 3 of our own Constitution, he is presumed to be innocent until we are able to bring him down,” he added.
Prof. Ansa-Asare expressed deep concern about the aggressive and forceful posture the OSP has adopted in its pursuit of Mr. Ofori-Atta. He questioned the motives behind such a heavy-handed style.
“My take on this whole issue is, why declare him the most wanted fugitive running away from justice?” he asked.
“You are making Ken look like a murderous fugitive who has stolen all the assets.”
He clarified that although the OSP has pointed to several concerns during Ofori-Atta’s time in office, these concerns have not yet been established as criminal offences.
“The Special Prosecutor has outlined five very serious issues. Not offences, issues. If they are not established offences, there’s a way all of us will have to go about it, because of dignity and the fundamental human rights enshrined in the Constitution,” he explained.
When asked whether the OSP’s approach was too aggressive or overly forceful, Prof. Ansa-Asare did not hesitate to respond.
“I think the state hasn’t approached it in a way that connects with the fundamental human rights and freedoms enshrined in our Constitution,” he said.
He also condemned the use of public alerts and statements that portray the former minister as a fugitive trying to escape justice. In his view, such tactics are intimidating and unnecessary, and they risk creating an atmosphere of fear around a man who still legally enjoys the presumption of innocence.
“If the Constitution gives us the presumption of innocence, don’t declare anybody the most wanted fugitive on a Red Alert he can deposit on the way.”
He explained that this sort of approach does not just damage reputations but also creates fear that can prevent people from willingly cooperating with investigations.
“When you terrorise an innocent citizen, the end result is that he’s so intimidated he will find it difficult to come back. Because the moment the plane lands, he will be arrested,” he warned.
When the host of the show asked again if he truly believed that Mr. Ofori-Atta was being terrorised by the state’s actions, Prof. Ansa-Asare was very clear in his answer.
“I think so,” he replied. “The long arm of the criminal law is seeking to arrest him. So it’s now longer than what we are imagining. We could have gone about it in a much more decent manner.”
Prof. Ansa-Asare’s remarks reflect growing concerns among some sections of the public and legal fraternity about how Ghana’s institutions are carrying out their anti-corruption mandate. While many Ghanaians support the fight against corruption, there is increasing worry that the rule of law and constitutional protections must not be ignored or compromised in the process.
He urged the OSP and other state bodies to conduct their investigations in a way that upholds the dignity and rights of the people involved. For him, the credibility of the justice system depends not only on catching wrongdoers but also on how the state treats suspects throughout the process.