The Office of the Special Prosecutor (OSP) trial of former Finance Minister Ken Ofori-Atta is scheduled to resume on August 27, 2026, following a landmark Supreme Court ruling upholding the constitutional validity of the Office of the Special Prosecutor Act, 2017 (Act 959). This decision, reached after a lengthy and complex legal battle, effectively reinstates the OSP as the primary investigative and prosecution agency for corruption-related offenses within Ghana. The ruling, issued on Monday, August 10, 2026, is a significant shift in the legal landscape concerning the authority of the OSP and its powers to investigate and prosecute offenses.
The OSP announced the resumption of proceedings in a Facebook post on August 10, 2026, stating that the decision was made following a comprehensive review of the legal framework governing the OSP. The OSP’s initial announcement detailed the suspension of several OSP cases since April 2026, which had been suspended after a High Court ruling questioning the Office’s prosecutorial authority and whether it required prior authorization before initiating prosecutions. The High Court’s decision centered on concerns regarding the OSP’s ability to effectively investigate and prosecute corruption cases without sufficient legal justification. The OSP, in its statement, emphasized that the ruling is a critical step in strengthening the agency’s capacity to combat corruption and illicit financial activities.
The core of the case involves accusations against Mr. Ofori-Atta, who is facing 28 counts of corruption and corruption-related offenses arising from investigations into revenue assurance contracts between Strategic Mobilisation Limited (SML) and the Ghana Revenue Authority (GRA). These allegations span a significant period, with the charges initially levied in November 2025, now being revised to 28 counts, reflecting a change in the prosecution’s strategy. The prosecution’s case, backed by extensive evidence and investigations, points to a network of alleged illicit transactions and potential financial irregularities linked to the SML-GRA partnership. Mr. Ofori-Atta is currently detained in the United States, awaiting the outcome of his Green Card application, which was granted in June 2026, following an immigration court process. The US Immigration Court’s decision, while not directly impacting the criminal proceedings in Ghana, has become a focal point of the case, with immigration officials emphasizing that the decision does not constitute a determination of the merits of the criminal allegations.
The prosecution’s legal team, led by Mr. Ernest Darko Akore, has also included former GRA Commissioners-General Emmanuel Kofi Nti and Ammishaddai Owusu-Amoah, former Customs Commissioner Isaac Crentsil, and SML Chief Executive Officer Evans Adusei. The prosecution argues that the accused individuals were involved in a range of corrupt activities, including the alleged misappropriation of revenue from the GRA and the violation of contract terms between SML and the GRA. The core of the legal arguments revolves around the alleged misuse of authority and the lack of proper oversight in the investigation and prosecution of these cases. The OSP has steadfastly maintained that it is not a party to the US immigration proceedings and that its involvement is primarily focused on extradition proceedings initiated through the Attorney-General. It has explicitly cautioned against interpreting any findings from the immigration court as a determination of the evidence or allegations in the criminal case in Ghana. The OSP’s legal strategy now centers on demonstrating that the decision to grant Mr. Ofori-Atta permanent residency in the United States is a legitimate and necessary step in safeguarding the integrity of the criminal justice system within Ghana.”
The ruling represents a significant development in the ongoing legal battle surrounding Ken Ofori-Atta and underscores the increased scrutiny and attention being paid to the authority of the OSP within the Ghanaian legal system. The prosecution’s assertion that the US immigration decision is irrelevant to the criminal case remains a point of contention, with legal experts suggesting it could potentially introduce new avenues of litigation.
The court’s decision marks a crucial juncture in the investigation, potentially influencing the direction of future legal proceedings and highlighting the ongoing efforts to ensure accountability and transparency within the Ghana’s judicial system.
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Source: Adom Online
