Frank Davies, a legal team member for former Finance Minister Ken Ofori-Atta, has defended his client's inability to appear before the Office of the Special Prosecutor (OSP) today, June 2, as ordered by the anti-graft agency.

According to Mr Davies, this is due to the current health complications of the former minister.

Mr. Davies expressed concern over public scepticism regarding Ofori-Atta's medical condition, emphasising that the former minister is currently undergoing treatment in the United States.

“If I tell you that I will come and see you tomorrow, and just on the brink of tonight, I suffer a casualty, would you see me tomorrow? Why should it be so difficult for people to understand that the person involved has a health challenge? This was known long before these charges were prepared against him; who didn't know that Ken was not well?" Mr Davies questioned on Joy FM’s Super Morning Show on Monday, June 2.

The OSP had previously warned that failure to appear on June 2 could result in Ofori-Atta being declared a fugitive and the initiation of an INTERPOL Red Notice, potentially leading to international arrest and extradition proceedings.

Background of the case

In January 2025, the OSP notified Ofori-Atta that he was a suspect in five separate cases, requesting his appearance on February 10, 2025.

His legal team informed the OSP that he was abroad for medical reasons and offered to represent him in his absence. The OSP rejected this, insisting on a firm return date. When no definitive date was provided, the OSP declared him a fugitive on February 12, 2025.

Subsequently, Ofori-Atta's lawyers submitted a doctor’s note indicating he was undergoing tests and possibly surgery, with no clear return date. On February 18, 2025, after providing a definite return date in May, the OSP removed his name from the wanted list.

In March 2025, Ofori-Atta filed a lawsuit against the OSP and the Special Prosecutor, seeking compensation for what he described as an unlawful declaration of him as wanted. He also requested the removal of related content from the OSP’s social media platforms. The Human Rights Court is expected to rule on the case on June 18, 2025.

Current developments

Despite assurances of his return, Ofori-Atta's health has reportedly deteriorated, preventing his appearance before the OSP today.

According to Mr. Davies on the show, a letter was submitted to the OSP on May 27, communicating the development.

He also suggested to the OSP to consider a virtual interrogation with the former minister.