Afenyo-Markin Criticizes Ofori-Atta’s Arrest Process, Stresses Need for Due Process

Minority Leader Alexander Afenyo-Markin has raised concerns over the manner in which former Finance Minister Ken Ofori-Atta was declared a wanted person and subjected to a raid by state authorities.

While affirming that his side of Parliament supports accountability, Afenyo-Markin insists that the state must adhere to due process in handling the case.

Speaking in Parliament on Wednesday, February 12, Afenyo-Markin emphasized that if Ofori-Atta is suspected of wrongdoing, he should be formally charged and tried in court, where he would have the opportunity to defend himself with legal representation. “We are talking about the mode of the raid and the arrest; we are not saying that if the state has evidence against Ken Ofori-Atta, it should not try him. If indeed there is an issue against him, the state can try him, and he can have access to his lawyers. But you cannot simply accuse him and declare him guilty,” he stated.

The Minority Leader’s comments come in response to a recent raid on Ofori-Atta’s residence by unidentified men in military uniforms, as well as his subsequent declaration as a “fugitive” by the Office of the Special Prosecutor (OSP). Special Prosecutor Kissi Agyebeng announced on February 12 that Ofori-Atta had repeatedly failed to honor invitations for questioning regarding ongoing investigations into several high-profile cases.

These investigations include the controversial SML-GRA deal, procurement irregularities related to the National Cathedral project, and contracts awarded by the Health Ministry. Agyebeng stated that the OSP would take all necessary measures to compel Ofori-Atta to appear and answer questions. “Consequently, the OSP declares Kenneth Nana Yaw Ofori-Atta a wanted person. He is a fugitive from the law,” Agyebeng declared during a press briefing.

However, Ofori-Atta’s legal team has countered these claims, explaining that their client is currently abroad for medical reasons and had informed both the former and current Chief of Staff about his trip. In a letter to the OSP, the lawyers assured that Ofori-Atta would cooperate with investigations upon his return to Ghana.

Afenyo-Markin’s remarks highlight the broader debate over the balance between accountability and due process. While the Minority does not oppose holding Ofori-Atta accountable, it insists that such actions must be carried out within the bounds of the law. The Minority Leader’s stance reflects concerns that the raid and the OSP’s declaration could set a dangerous precedent, undermining the rule of law and due process.

The controversy has also drawn criticism from other lawmakers. Former Defence Minister Dominic Nitiwul condemned the use of soldiers in the raid, stating that such actions have no place in a democratic society. “In a democracy, you do not use soldiers to raid somebody’s home, especially when that person has told you that he is not in the country and will report when he gets back,” Nitiwul said.

Energy Minister John Jinapor also shared his personal experience, recounting how his home was raided by national security operatives in 2017 during investigations into the Ameri deal. Jinapor described the trauma inflicted on his family, particularly his six-year-old child, who was left in a state of hysteria.

As the debate continues, the focus remains on ensuring that accountability is pursued through proper legal channels. Afenyo-Markin’s call for due process underscores the importance of upholding democratic values, even in the face of serious allegations. For now, the nation watches as the OSP and Ofori-Atta’s legal team navigate this high-stakes standoff, with the former Finance Minister’s return to Ghana likely to mark the next chapter in this unfolding saga.