Audio By Carbonatix
Frank Davies, a lawyer for former Finance Minister Ken Ofori-Atta, has accused the Office of the Special Prosecutor (OSP) of "abusing" its mandate and playing to the gallery.
The fiery response follows a legal twist to the Ofori-Atta case, as INTERPOL has officially and permanently deleted the Red Notice previously issued against the former Finance Minister.
The decision, handed down by the Commission for the Control of INTERPOL’s Files (CCF) during its 135th session on 4th February 2026, is the latest update on the former government official, who has been at the centre of a multi-billion-cedi investigation into the nation's financial management.
Speaking in an interview with Channel One News on Saturday, 14th February 2026, Frank Davies did not mince words. He suggested that the OSP, under Kissi Agyebeng, has prioritised public perception over rigorous legal due process.
Davies argued that the international rejection of the Red Notice exposes the fragility of the OSP’s claims and cautioned the public against jumping to conclusions about the former minister's whereabouts or intentions.
“The Office of the Special Prosecutor should be serious with Ghanaians. When we talk for Ken Ofori-Atta, people say all kinds of things, that he is running away from accountability. If we are in a serious country, people should be careful with what they say. The Office of the Special Prosecutor is abusing that office,” Davies fumed.
In a press release dated 13 February 2026, the OSP confirmed that it had received the Commission’s determination concerning the Red Notice circulated through INTERPOL channels.
INTERPOL’s Grounds for Deletion
According to the OSP, the Commission cited contextual factors present at the time the Red Notice was issued, including what it described as “polarized political statements from members of current and former administrations about the conduct of the investigation.”
The Commission also referenced public controversy surrounding the prosecutorial and extradition processes, including acknowledgements by senior officials at the Ministry of Justice that extradition could not initially be pursued because the case was at an early procedural stage.
Legal experts note that the deletion of a Red Notice does not amount to a determination on the merits of the underlying criminal case. Rather, it reflects compliance considerations under INTERPOL’s internal regulatory framework.
Arrest and Extradition Proceedings Continue
The OSP further indicated that subsequent developments had rendered the Red Notice unnecessary. It stated that Mr Ofori-Atta’s location had become known, cooperation with United States authorities was ongoing, and extradition processes had already commenced following his arrest in the United States on 6 January 2026.
Summons issued by the Criminal Division of the High Court in Accra have been transmitted for service in the United States, requiring Mr Ofori-Atta to appear before the Ghanaian court to answer multiple criminal charges.
Efforts to secure his appearance are continuing through established legal and diplomatic channels, the OSP said.
Under Ghana’s Extradition Act, 1960 (Act 22) and relevant bilateral agreements, extradition proceedings typically require judicial hearings in the requested country to assess dual criminality, evidentiary sufficiency and procedural safeguards before executive approval is granted.
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