Private legal practitioner Martin Kpebu is calling on the Office of the Special Prosecutor (OSP) to initiate a trial in absentia against former Finance Minister Ken Ofori-Atta if he fails to return to Ghana to face possible prosecution.

Speaking in an interview on Joy FM, Mr. Kpebu argued that the OSP has the constitutional authority to proceed with legal processes even if the former minister remains outside the country.

According to Mr Kpebu, the OSP has the mandate to act once all preliminary steps are completed, including efforts to obtain a statement from the former minister.

“That’s how come for me, I said this is his [Ofori-Atta’s] country. He has some properties here, so let’s start. If we start and he doesn’t come, then the trial will go on without him.

“Let's do the processes. Take the offer. Have you gone to Ofori-Atta to take his statement in America and he says no? He says he will do it. So let’s do it. Then we can start the trial here,” he added.

Read also: Extradition of Ken Ofori-Atta to Ghana hinges on legal conditions-Prof. Appiagyei-Atua

Citing Article 19(3) of Ghana’s 1992 Constitution, Mr. Kpebu clarified that there is no constitutional requirement for an accused person to be physically present before a criminal trial can proceed.

“Article 19 clause 3 simply says that if you know there is a criminal case against you and you don’t appear, the trial can proceed in your absence,” he explained.

This call comes at a time when the Office of the Special Prosecutor has dismissed claims that it is refusing to cooperate with the Attorney-General in efforts to extradite the former Finance Minister to Ghana to face criminal charges.

The OSP had earlier placed Mr. Ofori-Atta on a wanted list and issued an Interpol Red Notice over his alleged involvement in ongoing corruption investigations. Despite multiple arrangements, he has reportedly failed to return to the country.

In January 2025, the OSP identified Mr. Ofori-Atta as a suspect in several corruption-related cases, including alleged irregularities in contracts with Strategic Mobilisation Ghana Limited (SML), expenditures linked to the National Cathedral project, and issues concerning health and tax refund operations.