Proceedings in the case of The Republic v. Kenneth Ofori-Atta and Nine Others have been adjourned by the High Court to February 26, 2026, to allow for the service of court summons on two accused persons who are currently outside Ghana and considered fugitives in the United States of America.
The adjournment follows an earlier decision by the court on December 11, 2025, granting an application by the Office of the Special Prosecutor (OSP) for summons to be issued on the two absent accused persons. In granting the request, the court took into account the cross-border legal procedures involved, particularly the multiple jurisdictional stages required under extradition-related processes, and accordingly fixed February 26, 2026, as the return date.
Under the applicable legal framework, the service of summons on persons outside Ghana—especially those subject to extradition proceedings—follows a process similar to that used for extradition requests.
Once a court authorises service abroad, the documents must be routed through the Attorney-General’s Department and the Ministry of Foreign Affairs before being forwarded to the United States Department of Justice, which reviews the request and facilitates service on the individuals at their known locations.
Prosecutors informed the court that the Special Prosecutor has already transmitted the summons to the Attorney-General, who has in turn forwarded them to the Ministry of Foreign Affairs, indicating that the service process is currently in progress.
At the previous court sitting on January 29, 2026, the Chief Executive Officer of SML announced a change in legal representation for himself and the company.
He informed the court that Professor Kwame Gyan had been added to his legal team.
During the same proceedings, lawyers representing the eight accused persons who were present in court, including the corporate entity, applied for a review of their bail conditions.
The defence requested that their clients be allowed to report to the Office of the Special Prosecutor once a month instead of the existing weekly reporting requirement.
The application was opposed by the prosecution, and the trial judge declined the request, ruling that the current bail conditions should remain in force.
The prosecution also disclosed that it was in the process of preparing additional disclosures for the accused persons. While some disclosures had already been filed with the court, prosecutors noted that they had not yet been served on the defence as at the last hearing.
The matter is expected to resume on February 26, 2026, when the court will receive updates on the service of summons and related procedural issues.
