The trial of former Finance Minister Ken Ofori-Atta is set to resume on Thursday, August 27, 2026, following the Supreme Court’s unanimous decision upholding the constitutional validity of the Office of the Special Prosecutor (OSP) Act, 2017.
The judgment reinforces the OSP’s operational independence while reaffirming the Attorney-General’s constitutional oversight regarding the discontinuance of criminal prosecutions, resolving a legal challenge that had stalled proceedings since April 2026.
Ken Ofori-Atta faces 28 counts of corruption and corruption-related offences linked to the Strategic Mobilisation Ghana Limited (SML) revenue assurance arrangements with the Ghana Revenue Authority.
Despite the pending challenge, Special Prosecutor Kissi Agyebeng had continued pursuing the case, repeatedly declaring Ken Ofori-Atta a fugitive.
The OSP has maintained that a US immigration court’s June 2026 ruling, which found DHS had not credibly established criminal wrongdoing in the context of Ken Ofori-Atta’s immigration status application, has no bearing on the Ghanaian criminal case, insisting “the criminal proceedings in Ghana shall continue in accordance with applicable law and the directives of the High Court, Accra, whether or not Ken Ofori-Atta is present in Ghana.”
The OSP has also pushed back on growing public speculation about a trial in absentia, clarifying that such proceedings require Ken Ofori-Atta to be properly charged and notified, with legal processes to serve him in the United States still incomplete.
Efforts to secure his return through extradition remain ongoing as the case heads back to court.
