Private legal practitioner Kofi Bekai has advised the special prosecutor to exercise restraint in the way he is handling the case involving former finance minister Ken Ofori-Atta.
Mr. Bekai argued that describing the former minister as a fugitive was an act that went over,’and so I will not subscribe to the approach he used.
He was responding to a question on whether the OSP had the powers to declare people wanted or as fugitives.
Speaking on Nyankonton Mu Nsem on Rainbow Radio 87.5FM, he agreed that the Office of Special Prosecutor has the constitutional authority to declare people wanted, but that this must be done in accordance with the law. There is a law that governs the Special Prosecutor’s operations, but anyone who feels aggrieved can go to court and have any action taken by the OSP set aside, particularly if that law was violated.
The lawyer explained that ”the Special Prosecutor’s powers are similar to those of the Police Service, in that they can arrest and arraign you in court for prosecution. So the OSP is legally empowered. However, these powers you wield in accordance with the law should not be breached in any way because they may result in violations of the rights of those being investigated”.
He stated that based on the information available, Ofori-Atta had engaged with the OSP, so if there was a problem, there could have been a better way to deal with it.
“It was unfortunate to declare him a fugitive. Fugitive is a strong term. If he has committed an offence and you want to arrest him, you can use better methods. His lawyers contacted you and informed you that he was seeking medical treatment. As an investigator, OSP should avoid talking and instead focus on their work. There was no reason for the press conference. We have a backdoor approach to dealing with issues. His lawyers had informed you about his situation, so declaring him a fugitive was not appropriate. If you needed information about him, he would consult his lawyers rather than throw issues into the public domain.
I wish he would get in touch with his lawyers so they can find better ways to deal with the matter. It appears he is prosecuting his case in the public domain; that is not the case, and that is not how it should be. He knows where to find him. He should speak with his lawyers, and he will get the information he needs.”
By: Rainbowradioonline.com/Ghana
