Ghana's High Court has granted the Office of the Special Prosecutor (OSP) approval to serve summons in the United States to former Finance Minister Ken Ofori-Atta and his former Chief of Cabinet, Ernest Darko Akore. This decision clears the path for the OSP to formally notify the two individuals about criminal proceedings in the ongoing Strategic Mobilisation Limited (SML) case. The OSP is considering prosecuting them in absentia if they fail to return to Ghana for the legal process.
The OSP alleges that the SML-GRA revenue assurance arrangements led to financial losses exceeding GHS 1.4 billion. Ken Ofori-Atta faces 28 counts of corruption and corruption-related offences stemming from the OSP's investigation into these contracts. The case was called before the court on Thursday, August 27, 2026, marking a significant step in the high-profile anti-corruption effort. The court's approval ensures that legal notifications can proceed through official channels in the United States.
This development fits into Ghana's broader efforts to combat corruption and enhance public financial accountability. The alleged GHS 1.4 billion loss represents a substantial sum for the national treasury, impacting public services and economic stability. Previous investigations and audits have highlighted concerns about the transparency and value-for-money of several government contracts. The OSP's persistent pursuit of this case underscores a commitment to addressing financial malfeasance, even when accused persons are outside the country. This action also follows a recent Supreme Court decision upholding the constitutional validity of the Office of the Special Prosecutor Act, 2017 (Act 959), which had previously stalled several OSP cases.
The OSP has confirmed that relevant court documents have been forwarded to the Attorney-General’s Department for processing. These documents will be served through authorised channels in the United States. The Office stressed that prosecution in absentia requires proper charging and notification of the accused. This formal notification cannot be done via phone calls, social media, or through lawyers alone, ensuring due process is followed. This legal precision is crucial for the legitimacy of any future proceedings.
The implications of this approval are significant for Ghana's anti-corruption landscape and investor confidence. It signals the OSP's determination to pursue high-profile cases involving substantial public funds, regardless of the accused's location. Decision-makers and markets will closely watch how this case progresses, particularly regarding the potential recovery of alleged financial losses. The outcome could set a precedent for prosecuting individuals involved in financial crimes who reside abroad. It also reinforces the OSP's mandate following recent legal challenges to its authority.
The SML case involves multiple accused persons, including former Ghana Revenue Authority (GRA) Commissioners-General Emmanuel Kofi Nti and Ammishaddai Owusu-Amoah. Former Commissioners of the Customs Division, Isaac Crentsil and Kwadwo Damoah, are also implicated. SML Chief Executive Officer Evans Adusei and SML itself are part of the prosecution. These individuals were initially charged on 78 counts in November 2025 before the charges were streamlined. The alleged corruption and corruption-related offences relate directly to the revenue assurance arrangements between SML and the GRA. This case highlights the complexities of ensuring financial integrity within government contracts and revenue collection. The OSP's actions demonstrate a robust approach to enforcing accountability across various levels of public service and private sector engagement. The focus remains on recovering public funds and deterring future acts of corruption that could undermine Ghana's economic progress.