Counsel for Strategic Mobilisation Ghana Limited (SML), Cephas Boyuo, has accused the Office of the Special Prosecutor (OSP) of unnecessarily delaying the prosecution of the criminal case involving the company and some former public officials.

Mr Boyuo, Corporate Counsel for SML, said the OSP which had announced the completion of its investigations and subsequently filed charges against the accused persons as far back as November 2025, has yet to complete the disclosure of evidence required for the trial.

The OSP on Tuesday, November 18, 2025, filed 78 charges alleging violations of Section 23(1) of the Criminal Offences Act, 1960 (Act 29), and Section 92(2)(b) of the Public Procurement Act, 2003 (Act 663) against former Finance Minister, Ken Ofori-Atta and seven others.

The other accused are Ernest Darko Akore, chef de cabinet to Ofori-Atta; Emmanuel Kofi Nti, former Commissioner-General of Ghana Revenue Authority (CRA); Ammishaddai Owusu-Amoah, former Commissioner-General of GRA; Isaac Crentsil, former Commissioner of Customs Division of GRA; Kwadwo Damoah, MP for Jaman South and former Commissioner of Customs Division of GRA; Evans Adusei, Chief Executive of Strategic Mobilization Ghana Limited; and Strategic Mobilization Ghana Limited (SML).

In an interview with Myjoyonline, Cephas Boyuo said apart from Ken Ofori-Atta and Ernest Akore, the six others accused who had pleaded not guilty to the charges were entitled to receive the evidence the prosecution intends to rely on in the trial.

But according to him, the disclosure process has been ongoing for nearly a year, despite the prosecution having indicated that its investigations were complete before the charges were filed.

“The OSP said it had finished its investigations, gathered its evidence and brought charges. The accused persons pleaded not guilty, and the next stage is disclosure of the evidence the prosecution intends to rely on,” Mr Boyuo said.

He said the continued delay was particularly concerning because the case was yet to progress to case management and trial.

Mr Boyuo acknowledged some of the intervening developments that may have contributed to the delays, including efforts to secure the presence of the first and second accused persons; former Finance Minister Ken Ofori-Atta, and his chef de cabinet, Ernest Darko Akore, and attempts to serve them with the charges outside Ghana, as well as subsequent issues relating to the authority of the OSP.

Two individuals recently challenged the OSP's independent prosecutorial powers, which the Supreme Court had to decide.

Boyuo said the OSP had also indicated an intention to add more accused persons to the case, further delaying its progress.

At a sitting of the court, the trial judge, Justice Francis Apanga Achibonga asked whether the State would consider proceeding with the case against the remaining accused persons and abandon the case against Ken Ofori-Atta and Ernest Akore.

A Principal Prosecutor of the State, Adelaide Kobiri-Woode, responded in the negative.

Mr Boyuo argues that the prosecution's conduct is inconsistent with the impression created when the case was first announced.

He said the OSP had publicly presented its allegations in strong terms after announcing the outcome of its investigations, creating the expectation that it was ready to proceed with the prosecution.

“The concern is that after announcing that the investigations had been completed and the charges had been filed, the case has not progressed as expected,” he said.

SML contract

Mr Boyuo also raised concerns about developments surrounding SML's government contract, saying the company had taken legal steps after aspects of its work were allegedly being assigned to another company while the criminal proceedings remained unresolved.

He said SML had challenged the move and secured the preservation of its systems and equipment deployed at various locations.

He maintained that SML's position remained that the company had not committed the offences alleged against it and that its contract had been duly executed and approved through the appropriate public procurement processes.

According to him, the procurement process was undertaken by the relevant government institution and not by SML itself.

“The institution that is going to work with a company is the one that goes for procurement approval. It is not the company that goes for that approval,” he said.

Mr Boyuo said SML would have the opportunity to respond fully to the allegations when the substantive trial begins.

Ofori-Atta's absence

He questioned why the continued inability to secure Mr Ofori-Atta should prevent the prosecution from progressing against the other accused persons who are already before the court.

He argued that if the prosecution's case against the accused persons could proceed independently, it should do so rather than allowing the entire matter to remain stalled.

Mr Boyuo said the continued references to Mr Ofori-Atta's absence had effectively shifted attention from the prosecution's responsibility to move forward with the case, insisting that the defence was interested in having the case heard expeditiously and in allowing the court to determine the allegations on their merits.

Disputing the allegations

Mr Boyuo rejected the allegations against SML and said the company was confident that the evidence would ultimately vindicate it.

He cautioned, however, against treating allegations made by the prosecution as established facts before they had been tested in court.

According to him, SML's position was that it had lawfully obtained its contract and had performed its obligations under the agreement.

Mr Boyuo said SML was prepared to defend itself in court and urged that the case be allowed to proceed so that the allegations and the company's response could be tested through the judicial process.