Private legal practitioner Martin Kpebu has urged the Office of the Special Prosecutor (OSP) to initiate a trial in absentia against former Finance Minister Ken Ofori-Atta, insisting that the law permits such action if the accused has been duly informed but fails to appear.
Speaking on Eyewitness News on Thursday, October 30, 2025, Mr. Kpebu dismissed claims that a person must first appear before a court before a trial in absentia can proceed.
“OSP officials are busy saying that they can’t do a trial in absentia because Ofori-Atta should have attended court once before fleeing, which is not our law. Our law — Article 19(3a) — says that if you are informed about a criminal trial and you don’t come, then the trial can go on without you. That is what our constitution says,” he stated.
He added that physical presence in court is not always a prerequisite for prosecution, noting that the former minister could still be tried through virtual means if he remains outside the country.
“It is not the law that the person must always physically come. What we have here is Ofori-Atta, who says he is willing to cooperate with investigators, so take his offer. He said he would do a Zoom call, etc., so take his offer,” he said.
Mr. Kpebu’s comments come in response to the Special Prosecutor, Kissi Agyebeng, who earlier disclosed at a press conference on Thursday, October 30, that his office is collaborating with the Attorney General’s Department to extradite the former Finance Minister as part of ongoing investigations into the controversial Strategic Mobilisation Ghana Limited (SML) contracts.
