The Office of the Special Prosecutor (OSP) has significantly delayed the criminal prosecution of Strategic Mobilisation Ghana Limited (SML) and several former public officials. Cephas Boyuo, Corporate Counsel for SML, stated that the OSP has failed to complete the required disclosure of evidence, nearly a year after filing charges in November 2025.
This ongoing delay prevents the case from progressing to trial, despite the OSP having previously announced the completion of its investigations. The OSP filed 78 charges on November 18, 2025, alleging violations of Section 23(1) of the Criminal Offences Act, 1960 (Act 29), and Section 92(2)(b) of the Public Procurement Act, 2003 (Act 663). These charges target former Finance Minister Ken Ofori-Atta and seven other individuals and entities.
The case has significant implications for Ghana's public finance and procurement integrity, involving high-profile former government officials. The allegations against SML and the former officials touch upon the proper use of public funds and adherence to procurement laws. This situation adds to broader concerns about accountability and the efficiency of legal processes in Ghana, especially in cases involving alleged financial misconduct. The public expects swift resolution of such matters to maintain confidence in state institutions.
Mr. Boyuo, speaking to Myjoyonline, highlighted that the OSP had publicly presented its allegations in strong terms after announcing the outcome of its investigations. This created an expectation that the prosecution was ready to proceed expeditiously. He noted that the six accused persons who pleaded not guilty are entitled to receive the evidence the prosecution intends to rely on. However, this disclosure process has been ongoing for nearly a year without completion.
The continued delay raises questions about the OSP's operational efficiency and its ability to manage complex financial crime cases. Such prolonged legal proceedings can impact investor confidence and the perception of Ghana's commitment to fighting corruption. The inability to move forward with the trial also leaves the accused in a state of uncertainty, affecting their reputations and potentially their livelihoods. The financial implications for SML, a company whose operations are now under scrutiny, are also substantial.
Mr. Boyuo acknowledged some contributing factors to the delays, including efforts to secure the presence of former Finance Minister Ken Ofori-Atta and his chef de cabinet, Ernest Darko Akore. These individuals needed to be served with charges outside Ghana. Additionally, recent challenges to the OSP's independent prosecutorial powers, which required a Supreme Court decision, also played a role. The OSP has also indicated an intention to add more accused persons, further complicating the timeline.
Despite these factors, Mr. Boyuo questioned why the absence of Mr. Ofori-Atta should prevent the prosecution from proceeding against the other accused persons who are already before the court. He argued that if the prosecution's case against the accused persons could proceed independently, it should do so. He insisted that the defence is interested in having the case heard expeditiously to allow the court to determine the allegations on their merits.
The SML Corporate Counsel also raised concerns about developments surrounding SML's government contract. He stated that SML has taken legal steps after aspects of its work were allegedly assigned to another company while the criminal proceedings remained unresolved. SML successfully challenged this move, securing the preservation of its systems and equipment deployed at various locations. This indicates the company's commitment to protecting its assets and operations amidst the legal challenges.
Mr. Boyuo maintained that SML's position is that the company has not committed the alleged offences. He asserted that its contract was duly executed and approved through appropriate public procurement processes. He clarified that the procurement process is undertaken by the relevant government institution, not by the company itself. SML expects to respond fully to the allegations once the substantive trial begins, confident that the evidence will ultimately vindicate it.
The trial judge, Justice Francis Apanga Achibonga, at a court sitting, asked if the State would consider proceeding with the case against the remaining accused persons, abandoning the case against Ken Ofori-Atta and Ernest Akore. A Principal Prosecutor of the State, Adelaide Kobiri-Woode, responded in the negative. This decision means the entire case remains stalled until all accused persons are present and disclosure is complete. The ongoing delay impacts public trust in the justice system and the government's commitment to transparency.