Ken Ofori-Atta’s Trial to Resume August 27 After Supreme Court Upholds OSP’s Prosecutorial Powers

The criminal trial of former Finance Minister Kenneth Nana Yaw Ofori-Atta is set to resume on Thursday, August 27, 2026, following the Supreme Court’s decision affirming the constitutional validity of the Office of the Special Prosecutor (OSP) Act, 2017 (Act 959).

The OSP announced the resumption of proceedings in a Facebook post on Monday, August 10, signalling the return of the case to court after months of uncertainty over the anti-corruption agency’s prosecutorial authority.

The Supreme Court’s unanimous decision upholding the constitutionality of the OSP Act clears a major legal hurdle that had affected several corruption-related cases being prosecuted by the Office.

The issue arose after an April 2026 High Court decision questioned aspects of the OSP’s prosecutorial mandate and raised concerns about whether the Office required prior authorisation before initiating criminal prosecutions.

The ruling triggered a number of adjournments in cases being handled by the OSP as parties awaited clarification from the Supreme Court on the extent of the Special Prosecutor’s constitutional and statutory powers.

With the Supreme Court now having affirmed the legal framework underpinning the OSP’s mandate, the prosecution of Mr Ofori-Atta is expected to proceed.

28 corruption-related charges

Mr Ofori-Atta is facing 28 counts of corruption and corruption-related offences arising from investigations into revenue assurance contracts involving Strategic Mobilisation Limited (SML) and the Ghana Revenue Authority (GRA).

The OSP initially charged Mr Ofori-Atta and seven other persons with 78 counts in November 2025. The charges were subsequently amended, resulting in the former Finance Minister facing 28 counts, while the other accused persons face various charges linked to the same broader investigation.

Those standing trial alongside Mr Ofori-Atta include former GRA Commissioners-General Emmanuel Kofi Nti and Ammishaddai Owusu-Amoah; former Customs Commissioner Isaac Crentsil; former Customs Commissioner Kwadwo Damoah; SML Chief Executive Officer Evans Adusei; and former Chief of Cabinet to Mr Ofori-Atta, Ernest Darko Akore.

The prosecution alleges that the accused persons were involved in various acts of corruption and corruption-related offences connected to the SML-GRA revenue assurance arrangements.

The allegations are yet to be determined by the court, and all the accused persons are presumed innocent unless and until proven guilty.

Ofori-Atta’s US residency and extradition

The resumption of the case comes against the backdrop of a separate legal development in the United States, where Mr Ofori-Atta was reported in June 2026 to have secured approval for lawful permanent residency, commonly known as a Green Card. His lawyers said a U.S. Immigration Court had granted his application for adjustment of status.

The development generated debate in Ghana, particularly over its possible implications for the criminal proceedings and the OSP’s efforts to secure Mr Ofori-Atta’s return to Ghana.

The OSP, however, has strongly rejected suggestions that the U.S. immigration proceedings amounted to a determination on the merits or credibility of the criminal charges against the former minister.

According to the anti-graft agency, it was not a party to the U.S. immigration proceedings. It has stressed that the immigration process and the extradition process are separate legal proceedings.

The OSP further explained that the extradition packet relating to Mr Ofori-Atta was not before the U.S. Immigration Court. Consequently, any findings or decisions made in the immigration proceedings should not be interpreted as a judicial determination on whether the criminal charges filed against him in Ghana are credible.

The OSP maintains that the question of Mr Ofori-Atta’s guilt or innocence remains a matter for the Ghanaian courts.

Extradition process remains separate

The OSP has also clarified that its involvement in the United States relates to extradition proceedings being pursued through the Attorney-General, who serves as Ghana’s central authority in such matters.

The Office maintains that Mr Ofori-Atta remains a Ghanaian citizen and can still be extradited to Ghana should the appropriate U.S. extradition court ultimately order his surrender.

The OSP has also stated that there are three distinct legal processes concerning the former minister: the U.S. immigration proceedings concerning his residency status; the extradition proceedings concerning his possible return to Ghana; and the criminal prosecution before the High Court in Accra.

The agency has further maintained that Mr Ofori-Atta remains subject to the criminal proceedings in Ghana and that a valid warrant of arrest has been issued against him.

With the Supreme Court having now settled the constitutional challenge to the OSP’s prosecutorial mandate, attention will turn to the High Court on August 27, when proceedings in the long-running case are expected to resume.

The case remains closely watched because of the seniority of the accused persons, the substantial public-interest questions surrounding the SML-GRA contracts and the wider debate over the powers and independence of Ghana’s specialised anti-corruption institutions.