Lawyer for former Finance Minister Ken Ofori-Atta, Frank Davis, has launched a blistering attack on the Office of the Special Prosecutor (OSP), accusing the anti-corruption agency of relying on allegations rather than credible evidence in its case against his client.
Davis, speaking on Asaase Radio’s Big Bulletin, described a ruling by a United States immigration judge as a major legal victory for Ofori-Atta, arguing that the decision exposed weaknesses in the evidence presented by Ghana’s anti-corruption body.
According to him, the judge’s assessment of the OSP’s affidavit raised serious concerns about the foundation of the allegations against the former minister.
The lawyer said the US immigration judge found that the affidavit submitted by the OSP contained “conclusory allegations” and lacked reliable facts capable of establishing criminal wrongdoing.
“This is a significant victory because the court looked at the allegations and the evidence presented and came to a conclusion,” Davis said.
He argued that the ruling had challenged the credibility of claims that have been made against Ofori-Atta, insisting that accusations alone cannot form the basis of a criminal case.
“The issue is not about making allegations. The issue is whether there are facts to support those allegations,” he said.
Davis’ comments follow a decision by a US immigration judge in proceedings involving Ofori-Atta’s application for adjustment of status, where evidence relating to corruption allegations from Ghana was presented.
The lawyer said the judge’s findings effectively questioned the strength of the case being built against the former finance minister.
He rejected suggestions by the OSP that his side was overstating the implications of the ruling, insisting that the comments from the US court were clear.
“The judge made an assessment based on what was put before him. You cannot say that decision does not matter,” he said.
The OSP has, however, pushed back against claims that the immigration ruling clears Ofori-Atta of any wrongdoing.
The office has maintained that immigration proceedings in the United States are separate from criminal investigations and prosecutions in Ghana, arguing that the ruling does not determine whether the former minister committed any offence.
But Davis disagreed with attempts to downplay the significance of the decision, saying the findings had implications for how the allegations against his client are viewed.
He also clarified that the ruling does not automatically mean Ofori-Atta has been granted a green card, but described the outcome as an important development in the former minister’s legal battle.
When asked whether the ruling effectively means the OSP no longer has a case against Ofori-Atta, Davis stopped short of making a definitive conclusion.
“It is tough for me to say that it means they don’t have a case,” he said, adding that the matter remains before the appropriate legal processes.
However, he maintained that the US court’s assessment had weakened the narrative surrounding the allegations against his client.
Ofori-Atta, who served as finance minister under the previous New Patriotic Party (NPP) administration, has been at the centre of investigations by the OSP over alleged corruption-related offences.
The former minister has denied wrongdoing, while his lawyers have consistently argued that the allegations against him are politically motivated and unsupported by evidence.
The latest development has reignited debate over the strength of the OSP’s investigations and whether the evidence presented against Ofori-Atta can withstand further legal scrutiny.
As the legal battle continues, the clash between the OSP and Ofori-Atta’s defence team has now shifted from Ghana’s courts to an international arena, with both sides fighting over the credibility of the allegations and the evidence behind them.
Source: asaaseradio.com
