The Office of the Special Prosecutor (OSP) seems to be grappling with uncertainty over what charges to prefer against the former Finance Minister, former Attorney General, Ayikoi Otoo, has said.

Speaking on The Big Issue on Channel One TV on Saturday, February 15, Ayikoi Otoo expressed serious concerns about the handling of the case, highlighting inconsistencies and legal missteps that could undermine the credibility of the investigative body.

He argues that the OSP’s decision to declare the former minister a fugitive despite not having a single arrest warrant against him raises fundamental legal questions.

“If all you want is for him to come and help you with investigations how do you declare him a fugitive when you don’t even have a single arrest warrant saying that he should be arrested and that you are looking for him and you can’t find him?” he asked in an interview with host Selorm Adonoo.

For him, reports that the former minister is unwell, raises questions to the necessity of aggressive measures to secure his cooperation.

Ayikoi Otoo further argues that the Special Prosecutor appears uncertain about the exact charges it intends to press against the embattled official.

“….This one from the way you are going it appears you don’t even know what charges you want to give to him. because your duty is to prosecute the man,” he stated.

The former AG emphasized that the OSP’s primary duty is to prosecute, not to rely on the suspect’s testimony to build a case, stressing that the responsibility lies with the prosecutorial witnesses to gather evidence, rather than coercing the accused into providing self-incriminating information.

“You are not supposed to use what the man is going to say as the basis of your charge. it is your prosecutorial witnesses who should come, collecting the evidence left and right.,” he argued.

The former Attorney General also pointed out that the OSP, which was previously constrained by a lack of personnel, now boasts of a staff strength of about 340, a substantial workforce, that should help the OSP  focus on putting together a solid docket rather than resorting to questionable legal tactics.

Additionally, he cited constitutional provisions that protect individuals from being compelled to testify against themselves.

“Is it not clearly written in the Constitution that nobody can be compelled to give evidence at their trial? And again, is it not the case that when you arrest somebody, you read them their rights and inform them that they have the right to remain silent because anything they say will be used against them in court?” he questioned.

Ayikoi Otoo drew comparisons to past cases where individuals were tried in absentia and sentenced, questioning why a similar route cannot be taken if the OSP is confident in its evidence.

“What do you need him for? why should he come and give you evidence and when he say I won’t give you evidence you say I have declared you a wanted person.

“Were we not in this country when somebody was tried in absentia? and they even jailed him, sentenced him to serve and we are still looking for him. So go ahead and do what you want to do. unless you want to play to the gallery. Otherwise, just go ahead and do your work.”

Ken Ofori-Atta has been declared a fugitive by the OSP over his alleged involvement in some corruption cases when he was in government.

Ofori-Atta is in abroad and has evaded investigations, Special Prosecutor Kissi Agyebeng has said indicating  all necessary steps would be taken to bring him back.

Ofori-Atta has been accused of causing financial losses to the state, including the alleged spending of $58m (£46.6m) of government money in the controversial national cathedral project, which remains a hole in the ground.