Private legal practitioner Martin Kpebu has asserted that the Office of the Special Prosecutor (OSP) can still proceed with criminal charges against former Finance Minister Ken Ofori-Atta, even if he refuses to appear for questioning.

According to him, while legal practice generally requires a suspect to meet with investigators, the courts could make an exception to ensure that justice is served.

"To be clear, by practice, he must meet [with the OSP]. But if he doesn't, I can also imagine that our court will create an exception to let the case go on. Because if they don't do that, then it means that with failure to come to the OSP, all the five cases against him cannot proceed. The law doesn’t work that way," Kpebu explained.

The legal expert further referenced a precedent in the case of ACP Dr Benjamin Agordo, where the courts proceeded despite the refusal of suspects to provide statements.

"So, if Ofori-Atta is told to come and write his charge statement and he refuses, then the court will be able to go ahead," Kpebu added.

His comments come in response to concerns over Ofori-Atta’s non-compliance with the OSP’s directives regarding the ongoing investigations into financial mismanagement and corruption allegations during his tenure as Finance Minister.

Meanwhile, the OSP has issued a warning to Ken Ofori-Atta, stating that he would be re-listed as a wanted person if he fails to appear for questioning on June 2, 2025.

However, a member of Ken Ofori-Atta’s legal team, Frank Davies, has questioned the motive of the OSP in its handling of the case.

Mr Davies questioned the Special Prosecutor’s insistence on publicising the matter when there was already an agreement in place for Ofori-Atta to appear in June.

He further argued that Ofori-Atta’s reasons for being outside the country had been properly communicated through official channels and questioned why the OSP would not wait for the agreed date.

"Our client is still outside. Is he not outside for a reason? Has that reason not been made known to the Special Prosecutor through exchange of correspondence? What else should be done? You have agreed that the man should come on the second of June. Why didn't you wait for that day? Why this indecent rush?" he asked.