Former Minister of Finance, Mr Ken Ofori-Atta, is unable to comply with a directive by the Office of the Special Prosecutor (OSP) to appear in person today, June 2, 2025, due to ill health, according to his lawyer, Mr Frank Davies.

Mr Davies, a member of the former minister’s legal team in a radio interview with Joy FM said Mr Ofori-Atta is currently in the United States receiving medical treatment and is not in a condition to travel back to Ghana to report at the OSP’s offices in Accra.

He said the OSP had been formally notified of the situation and had been provided with relevant medical documentation.

The legal team, he added, had also communicated Mr Ofori-Atta’s willingness to participate in a video interview in line with the Electronic Transactions Act, 2008 (Act 772).

“In this age of technology, Ken has confirmed to the OSP that he is available for a virtual interview, which is permissible under the law,” Mr Davies stated.

He said a formal letter outlining Mr Ofori-Atta’s medical condition and proposal for remote engagement was sent to the OSP on May 27, 2025.

The OSP had directed Mr Ofori-Atta to appear in person today or risk being declared a fugitive again.

The office also indicated that it would initiate steps to issue an INTERPOL Red Notice to trigger international arrest and extradition if he failed to comply.

But Mr Davies said the approach taken by the OSP did not reflect the legal and medical reality surrounding his client’s circumstances.

“This was known long before the charges were filed,” he said. “If his medical condition has worsened, why insist on his physical presence when the same process can be conducted lawfully via virtual means?”

Mr Ofori-Atta is currently under investigation in connection with five separate matters relating to his tenure as Finance Minister under President Nana Addo Dankwa Akufo-Addo.

The cases include a contract between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority (GRA); the termination of an agreement between the Electricity Company of Ghana and Beijing Xiao Cheng Technology (BXC); and issues concerning procurement and financial transactions related to the National Cathedral project.

Other areas under investigation involve a Ministry of Health contract with Service Ghana Auto Group for the supply and maintenance of 307 ambulances, and the management of funds from the GRA’s Tax P-Fund Account.

In February, the OSP declared Mr Ofori-Atta a wanted person, describing him as a “fugitive from justice” after he failed to respond to a January 24 invitation.

He was later removed from the wanted list when he gave a definite date for his return to Ghana, which the OSP accepted.

In March, Mr Ofori-Atta filed a case at the Human Rights Court, challenging the legality of the OSP’s decision to list him as wanted and requesting the removal of all such publications from its platforms. The case has been adjourned to June 18, 2025, for a ruling.

Mr Davies noted that the matter is now before the court, and the OSP is aware of the adjournment.

“So it is unclear why media publications are suggesting that Mr Ofori-Atta is evading justice,” he said. He added that the legal team was waiting for a formal response from the OSP regarding its latest correspondence.

“You don’t respond through social media. You acknowledge letters and engage formally,” Mr Davies said.