Judiciary is not your playground – Dr. Richard Fiadomor cautions Ofori-Atta [Get Genesis of Dispute]

The President of the Chamber of Local Governance, Dr. Richard Fiadomor, has commended the Office of the Special Prosecutor (OSP) for its swift and decisive response to the lawsuit filed by former Finance Minister Ken Ofori-Atta.

Speaking in an interview with ABC News Ghana, Dr. Fiadomor criticized Ofori-Atta’s legal challenge, stating that the former minister should not assume that his party is still in power and can manipulate the judiciary.

“Ofori-Atta should not think his party is still in power, where he could use the judiciary to his advantage in ways that should not happen,” Dr. Fiadomor stated.

He further questioned Ofori-Atta’s seriousness in addressing the matter, adding, “I do not see him as a serious person. I think the OSP has also responded in equal measure.”

Daring the former minister to return to Ghana amidst the ongoing legal battle, Dr. Fiadomor remarked, “And if Ofori-Atta is a man, by the 2nd of June, let’s see him back in the country.”

Background to the Legal Dispute

Dr. Fiadomor’s comments follow Ofori-Atta’s legal action against the OSP after being declared a “wanted person” and a “fugitive from justice.” The former minister argues that the declaration is unlawful, damaging to his reputation, and a violation of his fundamental rights.

In his lawsuit filed on March 13, 2025, at the Human Rights Division of the High Court in Accra, Ofori-Atta is seeking an injunction to prevent the OSP from reissuing the declaration. He contends that the OSP lacks the statutory power to brand him a fugitive without a court order. His legal team argues that this action violates his constitutional rights to personal liberty and freedom of movement, as well as international human rights treaties Ghana has ratified.

Ofori-Atta’s Legal Demands

Ofori-Atta’s lawsuit calls for several key declarations and remedies, including:

1. A ruling that the OSP has no legal authority to declare individuals “wanted” through media announcements.
2. Recognition that only the Ghana Police Service, with court authorization, can issue such declarations.
3. An order for the OSP to cease publishing his name and image as a wanted person.
4. Compensation for reputational damage.
5. A directive for the OSP to engage with his lawyers through formal legal channels rather than public briefings.
6. The immediate removal of his image from the OSP’s wanted list.

Genesis of the Controversy

The dispute began on February 12, 2025, when the OSP announced an ongoing investigation into Ofori-Atta over alleged corruption and financial misconduct. The OSP justified its decision to publicly declare him wanted, stating that he had repeatedly ignored invitations for questioning. However, Ofori-Atta’s legal team countered that he had formally informed the OSP of his medical treatment abroad and had provided a clear timeline for his return.

Following assurances of his eventual return, the OSP removed his name from the wanted list on February 18, 2025. Despite this, Ofori-Atta proceeded with legal action, arguing that the damage to his reputation had already been done and that the OSP had exceeded its legal mandate.

Legal and Political Implications

Ofori-Atta’s challenge raises critical legal questions about the powers of the OSP and the rights of individuals under investigation. His legal team maintains that the OSP overstepped its authority under the Office of the Special Prosecutor Act, 2017 (Act 959), and the Special Prosecutor (Operations) Regulations, 2018 (LI 2374). They insist that only the Ghana Police Service, with court authorization, can make public declarations about wanted individuals.

This case has sparked significant political and legal debate, with analysts closely watching how the judiciary will interpret the OSP’s powers versus constitutional rights. As the legal battle unfolds, the outcome could set a precedent for how investigative bodies operate in Ghana’s justice system.