Private legal practitioner Martin Kpebu has called on the Office of the Special Prosecutor (OSP) to proceed with a trial in absentia against former F
Private legal practitioner Martin Kpebu has called on the Office of the Special Prosecutor (OSP) to proceed with a trial in absentia against former Finance Minister Ken Ofori-Atta if he fails to appear before the court.
Speaking on Eyewitness News on Thursday, October 30, 2025, Mr. Kpebu argued that Ghana’s constitution allows for such proceedings once an accused person has been duly notified but chooses not to appear.
“The OSP keeps saying they can’t do a trial in absentia because Ofori-Atta must first attend court before absconding — but that’s not what the law says. Article 19(3a) clearly provides that once you’ve been informed about a criminal trial and you don’t show up, the trial can proceed without you,” he explained.
He further noted that a defendant’s physical presence is not always required, suggesting that the former minister could still be engaged virtually if he remains outside the country.
“It’s not mandatory that the person must always be physically in court. Ofori-Atta himself said he’s willing to cooperate and can appear via Zoom — the OSP should take that offer,” Mr. Kpebu added.
His comments follow recent remarks by the Special Prosecutor, Kissi Agyebeng, who disclosed at a press conference that his office is working with the Attorney General’s Department to extradite Mr. Ofori-Atta as part of ongoing investigations into the Strategic Mobilization Ghana Limited (SML) contracts.