Trial of Ofori-Atta in absentia hinges on service of court papers, OSP says

The Office of the Special Prosecutor (OSP) says any move to prosecute former Finance Minister Ken Ofori-Atta in absentia will depend on the successful service of court documents through international legal channels.

Speaking on KeyPoints on Saturday, the OSP's Director of Strategy, Research and Communications, Samuel Appiah Darko, said the office was currently focused on completing the formal service process before any further court action could be taken.

He said Ghanaian authorities had already transmitted the relevant court documents and charge sheet to authorities in the United States, where the next step is to ensure the documents are formally served on the former minister.

"Once the US authorities return service, then the Attorney General will also serve the court, and the judge will give timelines within which he must appear," Mr Darko said.

According to the OSP, a trial in absentia can only proceed under specific legal conditions, including proof that an accused person has been properly served but has failed or refused to appear before the court.

"If he elects not to come, then the judge may proceed with trial in absentia," Mr Darko added.

He rejected suggestions that the OSP had altered its position on the matter, insisting the office's interpretation of the law had remained unchanged since 2025.

Mr Darko also dismissed arguments that court documents could be served through legal representatives rather than directly to the accused.

"This issue about serving lawyers is not applicable. In a criminal trial, service is personal," he said.

The OSP official noted that the case forms part of wider proceedings involving several accused persons, some of whom are outside Ghana.

He said the matter had been delayed by legal challenges relating to prosecutorial procedures, but maintained that charges had already been filed and evidence gathered against all those facing prosecution.

"As we speak, the case has been adjourned to July 2026, but charges have been filed and evidence exists against all accused persons," he said.

Mr Darko said the OSP had acted within its legal mandate throughout the investigation and prosecution process, adding that the immediate priority was completing procedural requirements rather than responding to claims of political motivation.