The Human Rights Division of the Accra High Court has dismissed an application for an interlocutory injunction brought by former Minister for Finance, Kenneth Nana Yaw Ofori-Atta, against the Office of the Special Prosecutor (OSP).
In a 33-page ruling delivered on Wednesday afternoon, Justice Kwame Amoako held that the application lacked merit and subsequently dismissed it in full.
The court further awarded GH¢5,000 in costs against Mr. Ofori-Atta in favour of the OSP.
The former minister filed the suit on March 27, 2025, seeking interim reliefs that would compel the OSP to remove his name and photograph from its list of wanted persons and to refrain from describing him as a fugitive.
Represented in court by Frank Asamoah, holding brief for Justice Kumi-Minkah Premo, Mr. Ofori-Atta argued that the OSP, led by Special Prosecutor Kissi Agyebeng, had violated his rights by publishing his image and personal details on official social media platforms.
His legal team claimed the publication was contrary to prior assurances contained in a letter dated February 18, 2025, allegedly promising not to circulate such information.
The OSP, represented by Dr. Isidore Tufuor, responded with written arguments defending its actions, asserting they were consistent with the mandate of the office and within the confines of the law.
Justice Amoako, in his ruling, noted that while the substantive case presented serious constitutional issues worthy of trial—particularly regarding administrative justice and human rights—the threshold required for an injunction had not been met.
Key Grounds of Dismissal
1. Serious Issue to Be Tried
The court acknowledged that the former minister’s claim raised significant legal questions, especially concerning alleged breaches of constitutional rights.
However, Justice Amoako emphasized that this alone was insufficient to grant interim relief, especially when balanced against other considerations.
2. Adequacy of Damages
In addressing whether monetary compensation would suffice in the absence of the injunction, the court found in the affirmative.
Justice Amoako pointed out that Mr. Ofori-Atta had himself requested compensation in his substantive motion, thereby acknowledging damages as an appropriate remedy.
The applicant, the judge noted, failed to demonstrate the likelihood of irreparable harm.
3. Balance of Convenience
Justice Amoako ruled that the public interest and the uninterrupted functioning of the OSP weighed against the imposition of injunctive relief.
He stated that in matters involving public law and the execution of statutory mandates, courts must exercise greater caution when asked to halt institutional processes.
The court ordered both parties to file their agreed issues for determination within 14 days to facilitate the next phase of the proceedings.
The substantive case has been scheduled for hearing on July 15, 2025, at 9:00 a.m.
In his main application, Mr. Ofori-Atta contends that the OSP’s public labeling of him as a fugitive and its dissemination of his personal details constitute a violation of his constitutional rights to liberty, freedom of movement, and fair administrative procedures.
He is seeking a permanent injunction, an order directing the removal of all related content from the OSP’s platforms, and general damages for the alleged breaches.
