Absence of Ofori-Atta delays GH¢1.4b SML contract case; High Court adjourns to April 23

The absence of former Finance Minister Ken Ofori-Atta and his former aide Ernest Okore Drako from High Court has forced a month-long adjournment following a request from defence lawyers to have the accused persons present discharged.

Ken Ofori-Atta and Ernest Okore Darko are the subject matter of extradition processes, are yet to be served with criminal summons and charge sheet of the case in which they have been charged with six others including SML Company.

As a result, lawyers of the accused persons present in court on Thursday, March 26, speaking through veteran lawyer, Prof. Kwame Gyan, wanted the accused persons discharged on grounds that the delay is impacting the accused persons.

The Office of the Special Prosecutor (OSP), through Principal Prosecutor (PP) Adelaide Kobiri Woode, submitted that they are still waiting for criminal summons and the extradition process to be completed.

Former Finance Minister Ken Ofori-Atta, together with seven others, has been charged for allegedly causing financial loss of more than GH¢1.4 billion in the Strategic Mobilisation Limited (SML) contract.

Six out of the seven – Emmanuel Kofi Nti and Ammishaddai Owusu-Amoah, both former Commissioner-Generals of the GRA, Isaac Crentsil and Kwadwo Damoah, former Commissioners of the Customs Division of the GRA, Evans Adusei, the Chief Executive Officer (CEO) of SML, and SML itself – have pleaded not guilty.

While Ken Ofori-Atta and his former aide Ernest Darko Akore are currently out of the jurisdiction and are awaiting service of criminal summons and the charge sheet.

Update on Criminal summons on Ofori-Atta

In court on Thursday, March 26, 2026, when the case was called for a case management conference (CMC), the Principal Prosecutor representing the OSP said the prosecution had taken steps to file additional witness statements.

But the process of serving the summons and charge sheet to Ofori-Atta and another accused person is ongoing, meaning the CMC cannot happen.

According to her, the US Department of Justice has requested further information through mutual legal assistance (MLA), which has been provided.

“This matter was adjourned for Case Management Conference (CMC) and after the last adjourned date the Republic has taken steps to file three additional Witnesses Statements which ordinarily would have enabled us to commence CMC with respect to the accused persons before you,” Adelaide Kobiri Woode, Principal Prosecutor (PP) with OSP, told the court.

However, she said, “Ken Ofori-Atta (A1) and Ernest Okore (A2) have still not been served with the summons and the charge sheet in this case in the United States.”

The PP said the processes to do so are still ongoing and the last communication between the Office of the Special Prosecutor (OSP) and Attorney General’s Office as of yesterday, March 25, 2026, indicated that the process has not been completed.

She added that, “The US Department of Justice requested further information through (MLA), mutual legal assistance which has been given.”

Defence request for discharge

The defence lawyers, Prof. Kwame Gyan, argued that the accused persons who are present in court have been regularly reporting to the OSP and attending court, and it’s unfair to keep them waiting.

They requested the court to discharge the first accused persons or extend the adjournment.

“There are some consultations going on at the bar and the consensus at the bar is that there is no human being now who can tell us when the two processes (criminal summons and extradition process) will come to fruition,” he pointed out.

He added that, “the accused persons who are before you (court) have regularly and religiously been to court (A3-A8).

The accused persons who are before you have regularly and religiously reported to the OSP as ordered by this court.

“My lord, our humble submission is that this appearing one month and another month will take a toll on the accused persons and counsels in the matter and my lord himself and the court.

“In the circumstances, the court should exercise discretion to discharge A3 to A8 (third to eighth accused) to give the Special Prosecutor ample time to do what is needful and when they are ready they will come back before my lord and continue with the process,” he urged.

Addo Atuah, another of the defence counsel, concurring with the submissions of Prof. Gyan, echoed the prayer for discharge.

“I will respectfully draw the court’s attention to The practice direction and in associating myself with the submission, the practice direction says that in the course of prosecuting accused persons ought to be made as less expensive.

“For nearly a year the accused persons have variously been reporting to the office of the special prosecutor, to that extent will urge the honourable court to reduce the burden on them.

“They are all retirees and pray the court to discharge them so that it alleviates the financial burdens as a result of numerous attendances in court,” and He prayed that “Either they are discharged or given an extended adjournment in the circumstances.”

OSP submission

The Principal State Attorney, in a reply, said, “We humbly submit that given the number of adjournments, we have appeared before you, the defence could not be correct to say they have appeared too many times though we concede that the process should be faster.

Given the submission by all the lawyers and we want the matter continued without the accused person discharged, we will opt the court exercise discretion on adjournment for the case to proceed.

The court, presided over by Justice Francis Apangabonu Achiponga, a Justice of the Court of Appeal who is sitting with an additional responsibility as a High Court, decided to adjourn the case to April 23, 2026, without discharging the accused persons.