Martin Kpebu Challenges OSP’s Refusal of Virtual Interview for Ailing Ken Ofori-Atta

Private legal practitioner Martin Kpebu is demanding clarity from the Office of the Special Prosecutor (OSP) on why it refuses to consider a virtual interview for former Finance Minister Ken Ofori-Atta, who is currently undergoing medical treatment in the United States.

Speaking on Joy FM’s News Night, Mr. Kpebu argued that the OSP must provide “legally sound and articulate reasons” for insisting on Mr. Ofori-Atta’s physical presence in Ghana, despite the existence of legal provisions for remote cooperation under Ghana’s Mutual Legal Assistance Act, 2010 (Act 807).

“If you just say you insist he should come, articulate the reasons,” Kpebu said. “Where you want to shun that law aside, or you are not going to use that law—there should be reasons, very articulate reasons.”

OSP Rejects Remote Appearance Despite Health Claims

Mr. Ofori-Atta’s legal representatives have submitted medical documentation confirming a prostate cancer diagnosis and an upcoming surgical procedure in the U.S., requesting that investigative proceedings be conducted virtually.

The OSP, led by Special Prosecutor Kissi Agyebeng, declined the proposal, insisting on the former minister’s personal appearance. Following his continued absence, the office re-declared him wanted and began processes to trigger an Interpol Red Notice—an international alert that may lead to arrest and extradition.

Also Read: No One Is Above the Law — Special Prosecutor

Kpebu Urges Legal Transparency

Mr. Kpebu, while not opposing the investigation itself, warned that disregarding legally available alternatives without explanation risks undermining the OSP’s credibility and Ghana’s justice system.

“Once we have a law that allows this, we need to understand why the OSP is bypassing it,” he emphasized.

His comments echo growing concern among the public and legal community that the OSP’s rigid approach could appear excessive, especially in a case involving documented health challenges.

OSP: No One Is Above the Law

Special Prosecutor Kissi Agyebeng has previously argued that all suspects—regardless of status—must follow standard procedures, citing past instances where even former presidents have complied with physical summons.

“We investigated a former president; what’s special about Ofori-Atta?” Mr. Agyebeng asked rhetorically during an earlier press briefing.

He maintained that suspects do not get to dictate the format, timeline, or conditions under which investigations are conducted.

Looking Ahead: Due Process or Overreach?

As the legal and political discourse escalates, the debate now centers on whether the OSP’s refusal to adapt its process—despite lawful mechanisms to do so—signals principled enforcement or procedural inflexibility.

Legal analysts and civil society actors are expected to weigh in further as the OSP’s next moves unfold, especially if international enforcement mechanisms are activated.