Martin Amidu, a former Special Prosecutor, has said the embattled former Minister of Finance, Ken Ofori-Atta, must be an idiot if he voluntarily returns to Ghana to subject himself to investigation and possible prosecution.
Mr Amidu cautioned Ken Ofori-Atta not to return to Ghana to subject himself to ongoing investigations and possible prosecution against the advice of his lawyers.
According to Martin Amidu, the ongoing investigations and possible prosecution against Ofori-Atta are a political witch-hunt, which has become nauseating to him.
In a strongly worded statement, Martin Amidu claimed President John Dramani Mahama is using state agencies to persecute his political opponents for future electoral benefits.
Martin Amidu alleged that President Mahama has chosen Ken Ofori-Atta to be the face of this playbook.
Martin Amidu in his statement stated, “Ken Ofori-Atta must be an idiot if, after advice from his lawyers, both national and international, he voluntarily returns to Ghana to subject himself to investigation and possible prosecution after the government machinery was used at taxpayers’ expense to mount a consistent trial in the court of public opinion (instead of in a court of law) of alleged suspected corruption and corruption-related offences against him. The case of Diezani Alison-Madueke, who got justice in the United Kingdom, not Nigeria, is a guide”.
He further argued that laws governing the prosecution of corruption in the country are not being applied in Ofori-Atta’s case.
Amidu added, “The provisions of the 1992 Constitution on the fundamental human rights and freedoms guarantee everybody in Ghana expansive rights and freedoms to life, liberty, human dignity, equality and freedom from discrimination, protection of home and property, fair trial, and the general fundamental freedoms.
“Ordinary citizens and public office holders of whatever rank are equally guaranteed these rights and freedoms when it comes to the investigation and prosecution of crime. The Constitution treats crime as crime for everybody: it prohibits political crime for public office holders and crime for other citizens,” he said.
Meanwhile, 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.
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