The Office of the Special Prosecutor (OSP) has clarified that former Finance Minister Ken Ofori-Atta’s trial in absentia can only proceed once the US authorities have formally returned proof of service.
According to the OSP, the judge will then set a timeline for the accused, Ken Ofori-Atta, to appear. If he chooses not to, the trial may proceed in his absence.
The Director of Strategy, Research, and Communications at the Office of the Special Prosecutor (OSP), Sammy Darko, explained that the constitutional threshold for Ken Ofori-Atta to be tried in absentia has not been met because a formal service of charges has not been completed.
According to Sammy Darko, the legal process governing trial in absentia is strictly defined and begins only after an accused person has been properly charged and duly served.
He disclosed that the current debate around trying Ofori-Atta in his absence is premature.
Sammy Darko stated, “Trial in absentia is not triggered by the mere filing of charges,” Darko said. “It is triggered when a person who has been properly charged and properly notified of the proceedings refuses to come before the court.”
He disclosed that under Article 19(3) of the Constitution, a person can only be tried in absentia if they have first been “duly notified” of the trial.
“It does not mean notification through social media. It does not mean a phone call. It does not mean merely informing the person’s lawyers,” he said.
Sammy Darko disclosed that although charges have been filed and court approval obtained to serve the documents in the United States, proof of Ken Ofori-Atta being served has not been returned to Ghana through official channels.
“At this stage, what remains is proof that the documents have been served,” he said.
He added that once proof of service is filed, the court must still give the accused, Ken Ofori-Atta, a reasonable opportunity to appear before any further steps are taken.
Sammy Darko also cited that the pending Supreme Court case reviewing aspects of the OSP’s prosecutorial powers has also affected their proceedings.
Meanwhile, Kofi Bentil, a Senior Vice President of IMANI Africa, has said that if he were in the shoes of former Finance Minister Ken Ofori-Atta, he would not return to Ghana.
According to Kofi Bentil, Ken Ofori-Atta would be in danger of assault if he returned to Ghana.
He argued that Ken Ofori-Atta would be in danger of being assaulted even by ordinary citizens because he has been so demonised.
Speaking on JoyNews’ Newsfile on Saturday, June 20, Kofi Bentil stated, “If I were Ken, I wouldn’t come to Ghana, not because I’m afraid of the charges. I have said on this table that the charges are not serious. It is being reported that the US court is saying the same thing”.
“I said it about a year ago: 78 charges for whatever. And I said, if I’m Ken, not because I’m afraid. As far as I am concerned, Ken Ofori-Atta, if he were here, would be in danger of being assaulted even by ordinary citizens because he has been so demonised,” he stated.
Kofi Bentil, however, added that he would prefer Ofori-Atta to return to Ghana and respond to the allegations against him.
He added, “I wish he would come and face the charges and face them down,” he said.
“So people should take things in context. My worry is that, because of the emotions surrounding this matter, we are not being methodical about it. And that’s why we are where we are.”
Kofi Bentil also revisited the OSP’s handling of the case, “From the beginning, it was on this table that I revealed he had not even been charged, yet Interpol Red Notices had been issued against him”.
“And I said it would not go anywhere. What have we seen? It did not go anywhere. They were withdrawn, and they apologised to him”.
“I said it here long before that, when you haven’t charged a person, how do you issue an Interpol Red Notice? People said, ‘You are defending Ken.’ I said, ‘No.’ The point is that it is not a proper procedure”.
He added, “When you have a prosecutorial body, which is a serious institution, issuing an Interpol Red Notice — an international wanted notice — against somebody it has not charged, that’s the point I made a year ago. And I’m saying Interpol itself has come to the conclusion that I was right.”
“There’s a right way to do something and a wrong way to do it. And when we say these things, people think, ‘Oh, you are defending Ken.’ No. I’m saying there’s a right way and there’s a wrong way”.
“Let’s never forget the fact that Ken Ofori-Atta did not run away from the OSP. He went abroad for medical treatment. And when they contacted him, he was communicating with them. His lawyers were communicating with them.”
See the post below:
The OSP has clarified that a trial in absentia can only proceed once the US authorities have formally returned proof of service.
— #TV3GH (@tv3_ghana) June 21, 2026
The judge will then set a timeline for the accused, Ken Ofori-Atta, to appear. If he chooses not to, the trial may proceed in his absence.… pic.twitter.com/1klTtcKHCt
