A dramatic confrontation erupted in Parliament on Friday, November 21, as the Minority Leader, Alexander Afenyo-Markin, vehemently defended former Finance Minister Ken Ofori-Atta against suggestions that his absence from Ghana was a deliberate move to evade accountability.

The clash was sparked by Majority Leader Mahama Ayariga following the announcement by the Office of the Special Prosecutor (OSP) that Ofori-Atta faces an unprecedented 78 counts of corruption and corruption-related offences.

The former minister has been in the United States seeking medical care, a trip which began shortly after the New Patriotic Party (NPP) lost the 2024 general elections.

Afenyo-Markin's Forceful Defense of Medical Privacy

Mr Afenyo-Markin used the floor of Parliament to shut down the political narrative that Ofori-Atta was deliberately avoiding legal proceedings.

He insisted that the former minister had been transparent about his health struggles, a necessary context that political opponents should not exploit for partisan gain.

The Minority Leader delivered a clear instruction to his colleague, urging caution and empathy regarding health matters:

“Mr. Ofori-Atta has been bold to disclose his medical condition. Let it be known that we all may go through health issues one way or the other. Don’t create the impression that he’s refused to return to Ghana.”

Mr Afenyo-Markin stressed that Ofori-Atta "has told the entire country that he is unwell and receiving treatment in the United States." He demanded that Mr. Ayariga cease creating the impression that Ofori-Atta has "refused to return to Ghana to face accountability."

The Majority Leader's Provocation

The political firestorm was ignited when Majority Leader Mahama Ayariga pressed Mr Afenyo-Markin for an explanation regarding Mr Ofori-Atta's continued stay in the US.

Mr Ayariga pointed out the timing of the trip, suggesting a calculated delay in returning now that the former Minister faces criminal charges.

Mr Ayariga questioned the shift in location for Ofori-Atta's medical care: “Ken Ofori-Atta was sick when he was a Finance Minister; we all saw it, and he stayed in Ghana. How come today, he has refused to return when he’s being sought after by the law enforcement agencies?”

The 78-Count Indictment and Eight Accused Persons

The backdrop to this parliamentary skirmish is the severe legal action launched by the Office of the Special Prosecutor (OSP).

On Tuesday, November 18, the OSP formally charged Ofori-Atta and seven others with 78 counts of corruption and corruption-related offenses, primarily linked to the investigation into the contract between the Ministry of Finance/GRA and Strategic Mobilisation Ghana Limited (SML).

The "Republic v Kenneth Ofori-Atta and 7 others" case is scheduled to face the court on Monday, November 24.

The OSP has confirmed its intention to proceed, stating it will seek court orders for service of the charge sheet on the fugitives who are outside of the jurisdiction, signaling a trial in absentia for those who do not return.

The eight accused persons are:

1. Kenneth Nana Yaw Ofori-Atta (Former Minister for Finance)
2. Ernest Darko Akore (Former Chef de Cabinet to the former Minister of Finance)
3. Emmanuel Kofi Nti (Former Commissioner-General of the GRA)
4. Rev Ammishaddai Owusu-Amoah (Former Commissioner-General of the GRA)
5. Isaac Crentsil (Former Commissioner of the Customs Division of the GRA and General Manager for Strategic Mobilisation Ghana Limited)
6. Kwadwo Damoah (Former Commissioner of the Customs Division of the GRA and Member of Parliament for Jaman South)
7. Evans Adusei (CEO of SML)
8. Strategic Mobilisation Limited (SML) (Corporate Entity)
9. OSP's Financial Recovery Mandate: GH₵125 Million Target

Special Prosecutor Kissi Agyebeng announced on October 30 that, in addition to pursuing criminal charges, the OSP is determined to recover losses suffered by the state: “As part of the process, the OSP will seek to recover the financial loss caused to the Republic from the persons listed above.”

Specifically, the OSP will recover a total of GH₵125 million from SML.

This massive figure represents the OSP's finding of unjust enrichment, which the company obtained unfairly at the expense of the Republic: “The OSP will recover a total amount of GH₵125 from SML by way of disgorgement of unjust enrichment of overpayment by the return of the benefit this amount obtained unfairly at the expense of the Republic.”

Despite the severity of these charges and the looming court date, the Minority Leader remains focused on separating the legal process from what he insists is a legitimate health-related absence.