Kpebu Sets November 14 Deadline for Asset Freeze

Private legal practitioner Martin Kpebu has given the Office of the Special Prosecutor until November 14 to freeze the assets of former Finance Minister Ken Ofori-Atta, warning he will personally petition for the removal of Special Prosecutor Kissi Agyebeng if swift action isn’t taken.

Speaking on TV3’s KeyPoints on November 1, 2025, Kpebu warned that any delay could give the former minister an opportunity to hide or transfer ownership of his properties. He called on the OSP to move beyond the investigative stage and take legal steps to safeguard state resources.

“We cannot afford to have Ofori-Atta sell his assets or transfer them to others. This is public money, we must recover all of it,” Kpebu stated, emphasizing the urgency of securing freezing orders over all assets allegedly connected to the controversial Strategic Mobilisation Ghana Limited and Ghana Revenue Authority contract.

The lawyer criticized what he described as the OSP’s slow approach to the case, arguing it risks eroding public confidence in the institution’s fight against corruption. “He’s been on this case since 2023, and we’re still waiting. This is in the public interest. He must move with urgency and secure freezing orders over all assets,” he said.

Explaining the legal framework, Kpebu noted that the OSP Act (Act 959) grants the Special Prosecutor authority to temporarily freeze assets, although this power is limited and subject to judicial approval. “The OSP can freeze assets for only 14 days; after that, he must go to court for an extension. He needs to act fast so we don’t lose everything,” he explained.

According to Kpebu, the push to seize and secure assets is part of an initiative he calls “Operation Recover All Loot,” aimed at ensuring accountability and retrieving every cedi allegedly lost through the SML and GRA deal.

The legal practitioner also took issue with aspects of the OSP’s report on the contract. While acknowledging that it exposed irregularities, he argued the recommendations did not go far enough in terms of full recovery of funds.

“The OSP’s report shows clearly that SML did not perform the work and yet got paid. I don’t understand how the report concludes that only GH₵125 million should be recovered,” he explained. He referenced several paragraphs in the report detailing how SML’s flow meters malfunctioned and how the company consistently failed to deliver on its obligations while continuing to receive payments.

“Look at paragraph 215 onward, you’ll see how SML kept lying about their systems working when, in fact, they weren’t. Even when they claimed to have replaced their flow meters, the evidence showed they were still not performing,” Kpebu added.

His frustration stems partly from what he views as missed opportunities for early intervention. Kpebu argued the OSP should have acted sooner on findings by investigative journalist Manasseh Azure Awuni, whose earlier report covered similar ground. He suggested the OSP should have arrested the former minister when the government changed, granting him bail with sureties and properties to prevent him from leaving the country.

Ken Ofori-Atta was first identified by the OSP in January 2025 as a suspect in several corruption-related cases, including alleged irregularities in the SML contracts. He was declared a fugitive in February 2025 after failing to honour multiple OSP summonses. After he again failed to appear before the OSP in June 2025, his fugitive status was reinstated and the OSP indicated it would pursue extradition while maintaining the Interpol Red Notice.

At a press conference on October 30, 2025, Special Prosecutor Agyebeng announced that the OSP will charge Ken Ofori-Atta and five others with various corruption and corruption-related offences before the end of November 2025. Those expected to face prosecution include former Commissioner-Generals of the Ghana Revenue Authority, Dr Ammishaddai Owusu-Amoah and Emmanuel Kofi Nti, as well as GRA officials Isaac Crentsil and Kwadwo Damoa, and Ernest Akore, a former Technical Advisor at the Ministry of Finance.

However, Kpebu remains unimpressed by the timeline. “By the end of this month, we should know what the OSP intends to do. He hasn’t indicated whether he will consider a trial in absentia, which some of us have been advocating for,” he said during the television interview.

The investigation found that the contract, signed under Ofori-Atta’s watch at the Finance Ministry to curb revenue leakages in the petroleum sector, was fundamentally flawed. According to the OSP, there was no genuine need for contracting SML for the work it purported to perform, and the company lacked both the expertise and technical systems to execute its mandate.

Despite this operational incapacity, the OSP alleges that Ofori-Atta personally promoted the company, leading to payments totalling an estimated GH₵125 million from state accounts.

The November 14 deadline set by Kpebu represents a direct challenge to the OSP’s handling of one of Ghana’s most significant corruption investigations in recent years. Whether the Special Prosecutor will act on the asset freeze before the deadline remains to be seen, but Kpebu has made clear he intends to follow through on his threat to petition for Agyebeng’s removal if action isn’t taken.