The High Court in Accra has adjourned the case involving former Finance Minister Ken Ofori-Atta and seven others to December 17, 2025, for the 6th accused person, Kwadwo Damoah, to take his plea after the court declined a prosecution request for a bench warrant against him.
The Office of the Special Prosecutor (OSP) had applied for the court to issue a warrant for Damoah’s arrest, arguing that he had been duly served with a hearing notice but failed to appear.
However, counsel for Damoah insisted that the attempted service was unlawful, citing Article 117 of the 1992 Constitution, which grants Members of Parliament immunity from service of court processes when attending Parliament or returning from parliamentary business.
Counsel argued that Damoah, a sitting MP, had been “ambushed” with service while returning from Parliament on December 9.
After reviewing the proof of service, the judge held that although a service attempt was made, Damoah was indeed covered by parliamentary immunity at the time because Parliament was in session on the day in question.
The court said a presumption existed that the MP was attending to parliamentary duties, and the prosecution had failed to provide evidence to rebut that presumption.
The court therefore ruled that the service was invalid and refused to issue the bench warrant, instead granting Damoah an opportunity to appear and take his plea at the next sitting.
The accused persons face charges including influencing the procurement process for unfair advantage, causing financial loss to the state, and using public office for profit, all in relation to contracts awarded to Strategic Mobilisation Ghana Limited (SML) beginning in 2017.
