Frank Davies, lead counsel for former Finance Minister Ken Ofori-Atta, has strongly criticised the Office of the Special Prosecutor (OSP) for what he describes as the unauthorised and inappropriate public disclosure of his client’s medical condition.
The comments follow a press briefing by Special Prosecutor Kissi Agyebeng on Monday, June 2, 2025, in which he stated that Mr. Ofori-Atta had once again failed to appear before the OSP for questioning. According to Mr. Agyebeng, the former minister’s legal team attributed his absence to a cancer diagnosis.
However, in an interview on Joy FM’s Top Story, Mr. Davies expressed dismay over what he called a breach of discretion and professional ethics.
“I didn’t think he was going to disclose this,” Mr. Davies said. “But if he has gone ahead to say that Mr. Ofori-Atta has been diagnosed with a cancer illness, then I must say, he does not appreciate the sensitivity of the matter. The Special Prosecutor must be very careful. Being appointed to public office does not give one the liberty to speak off the cuff or make loose statements.”
Mr. Davies confirmed that the legal team had formally submitted a medical report signed by licensed physicians, verifying Mr. Ofori-Atta’s diagnosis and confirming that he was medically unfit to attend the scheduled session.
“We sent a report posted by doctors to him, and the conclusion of the doctors was that he was unable to make the appointment,” he explained.
Earlier, the OSP had cast doubt on the legitimacy of the medical excuse, implying that it may be a tactic to delay accountability in the face of ongoing investigations. Mr. Davies rejected that suggestion, maintaining that the team has fully complied with legal procedures and that the medical report speaks for itself.
The Special Prosecutor has since declared Mr. Ofori-Atta a wanted person for the second time, amid continuing investigations into alleged corruption involving the National Cathedral project and the Strategic Mobilisation Ghana Ltd (SML) deal.
The public exchange has sparked fresh debate over the handling of sensitive information in high-profile legal cases and the extent to which state officials should exercise discretion and restraint in their public communications.
Credit: Emmanuel Tetteh
