NPP-USA Slams OSP: Declaring Ken Ofori-Atta a Fugitive is ‘Unlawful and Unfounded

The Office of the Special Prosecutor’s (OSP) recent declaration of former Finance Minister Ken Ofori-Atta as a fugitive is legally flawed, procedurally improper, and a violation of due process. A careful review of the facts, as documented in the official correspondence between Mr. Ofori-Atta, the Chief of Staff, and the OSP, makes it abundantly clear that he is not evading justice but is undergoing legitimate medical treatment in the United States. The OSP’s directive disregards legal and medical principles, as well as international norms governing a person’s right to health.

Mischaracterization of Fugitive Status
Under established legal definitions, a fugitive from justice is an individual who deliberately flees jurisdiction to avoid legal proceedings or arrest. Mr. Ofori-Atta’s actions do not meet this threshold. On the contrary, his conduct demonstrates full transparency and willingness to cooperate:

January 22, 2025: Mr. Ofori-Atta officially informed the Chief of Staff of his medical trip abroad.
January 31, 2025: Mr. Ofori-Atta’s lawyers responded to the OSP’s request, notifying the office of his medical condition and stating that he would return once his doctors determined it was safe.
February 7, 2025: Mr. Ofori-Atta’s legal team submitted medical documentation from the Mayo Clinic, confirming his treatment and indicating a post-March timeline for his return.
At no point did Mr. Ofori-Atta flee Ghana to evade prosecution, nor did he refuse to cooperate. Instead, he has remained in communication with government officials and has provided credible medical evidence to justify his absence. The OSP’s demand that he returns immediately, despite his ongoing treatment, is both unreasonable and a misapplication of the law.

U.S. Legal Protections for Patients Under Medical Care
U.S. federal laws provide robust protections for individuals undergoing medical treatment in the U.S. These laws prohibit the forced removal of a patient from medical care, particularly when such an action could jeopardize their health or violate medical ethics. Relevant legal protections include:

Emergency Medical Treatment and Labor Act (EMTALA): Ensures that patients receiving critical care cannot be discharged or removed from treatment unless medically cleared by a physician.
Americans with Disabilities Act (ADA): Protects individuals with serious health conditions from discrimination, including undue pressure to travel when medically unfit.
Health Insurance Portability and Accountability Act (HIPAA) & U.S. Medical Ethics Regulations: Safeguard a patient’s right to prioritize their health over external demands, including legal or political pressures.
Given these legal protections, any attempt by the OSP to compel Mr. Ofori-Atta to leave the U.S. while still under medical care would constitute a violation of U.S. law. No legal framework, Ghanaian or international—permits the forced extradition or repatriation of a patient undergoing treatment.

Violation of Due Process and International Legal Norms
The OSP’s demand that Mr. Ofori-Atta commit a fixed return date, despite his doctors not yet clearing him up for travel, violates his constitutional rights to fair treatment and due process. More importantly, it disregards international legal norms that govern the rights of individuals seeking medical care abroad.

Any attempt by the OSP to initiate legal proceedings or seek international assistance to forcibly return him would fail under international law, as there is no evidence that he has engaged in criminal evasion. The principle of necessity in medical ethics and legal practice prohibits compelling an individual to travel against medical advice, especially when doing so could endanger their health.

Selective Justice? Why Has Sedina Tamakloe Not Been Extradited?
The Office of the Special Prosecutor (OSP) must address growing concerns over selective justice and political bias in its approach to law enforcement. If the OSP is truly committed to pursuing fugitives, why has Sedina Tamakloe, the former CEO of MASLOC, not been extradited, despite years of evading accountability?

Unlike Mr. Ofori-Atta, who has maintained open communication with authorities and provided medical documentation justifying his absence, Ms. Tamakloe has remained in hiding in the U.S., refusing to cooperate with legal proceedings in Ghana.

The OSP has the legal authority to initiate extradition proceedings under international treaties, yet no such action has been taken against Ms. Tamakloe.

This raises serious concerns about double standards in law enforcement—why is a former Finance Minister, who has engaged with authorities, being targeted, while a known fugitive remains untouched?

The OSP is Overstepping Its Legal Boundaries
The Special Prosecutor’s approach sets a dangerous precedent, one that politicizes legal processes, disregards medical rights, and undermines fundamental principles of fairness and due process. If the OSP is truly committed to justice, it must:

Acknowledge Mr. Ofori-Atta’s willingness to cooperate.
Respect medical timelines instead of issuing coercive and legally indefensible directives.
Apply the law fairly, rather than selectively enforcing it based on political considerations.
The declaration of Mr. Ofori-Atta as a fugitive is not only legally flawed but also ethically indefensible. He is not a fugitive—he is a patient undergoing essential medical treatment. No law, in Ghana or internationally, mandates that an individual abandon urgent medical care for a legal summons, especially when they have demonstrated a clear commitment to return and comply.

If the OSP is serious about upholding the law, it must apply justice equally and explain why it has failed to act against actual fugitives like Sedina Tamakloe, rather than unjustly targeting individuals who are transparent about their circumstances.

Source :NPP-USA Communications Directorate