The criminal trial of former Finance Minister Ken Ofori-Atta is set to resume on Thursday, August 27, 2026, after the Supreme Court upheld the constitutional validity of the Office of the Special Prosecutor (OSP) Act, 2017 (Act 959).
The OSP announced the new date in a Facebook post on Monday, August 10, bringing an end to months of uncertainty surrounding several cases being prosecuted by the anti-corruption agency.
The resumption follows a unanimous decision by the Supreme Court affirming the constitutionality of the OSP Act and, by extension, the legal framework underpinning the Office’s investigative and prosecutorial mandate.
Why the trial was suspended
Proceedings in several OSP cases were put on hold in April 2026 after a High Court ruling raised questions about the extent of the Special Prosecutor’s prosecutorial powers.
The ruling also triggered debate over whether the OSP required prior authorisation before initiating certain prosecutions.
The Supreme Court’s latest decision has now provided clarity on the constitutional questions surrounding the OSP Act, allowing affected proceedings to continue.
Ofori-Atta faces 28 charges
Mr Ofori-Atta is standing trial over alleged corruption and corruption-related offences arising from investigations into revenue assurance contracts involving Strategic Mobilisation Limited (SML) and the Ghana Revenue Authority (GRA).
The OSP initially charged Mr Ofori-Atta and seven other individuals with 78 counts in November 2025. Following amendments to the charges, the former Finance Minister is now facing 28 counts.
Others standing trial in connection with the case include former GRA Commissioners-General Emmanuel Kofi Nti and Ammishaddai Owusu-Amoah, former Customs Commissioners Isaac Crentsil and Kwadwo Damoah, SML Chief Executive Officer Evans Adusei, and former Chief of Cabinet to Mr Ofori-Atta, Ernest Darko Akore.
The prosecution alleges that the accused persons were involved in various corruption and corruption-related offences linked to the SML-GRA revenue assurance arrangements.
The accused persons are entitled to the presumption of innocence unless proven guilty by a court.
US residency adds another dimension
The trial resumption comes against the backdrop of Mr Ofori-Atta’s immigration status in the United States.
His lawyers announced in June 2026 that a US Immigration Court had approved his application for adjustment of status, resulting in him securing permanent residency in the United States.
The immigration proceedings had considered issues relating to his stay in the country and actions taken by Ghanaian authorities.
However, the OSP has stressed that the US immigration decision did not determine whether the criminal allegations against Mr Ofori-Atta in Ghana have merit.
OSP separates immigration case from extradition proceedings
The OSP says it was not a party to the US immigration proceedings and has rejected any suggestion that the outcome amounted to a dismissal or determination of the criminal case in Ghana.
According to the anti-graft agency, its involvement in the United States relates to extradition proceedings being pursued through the Attorney-General.
The OSP has further clarified that the extradition package was not before the US Immigration Court. It therefore argues that findings or decisions made in the immigration proceedings should not be interpreted as a ruling on the credibility or otherwise of the criminal charges filed against Mr Ofori-Atta in Ghana.
The agency maintains that despite obtaining permanent residency in the United States, Mr Ofori-Atta remains a Ghanaian citizen.
It also says his permanent residency does not, in itself, prevent extradition, should a US extradition court ultimately make an order for him to be returned to Ghana.
With the constitutional challenge to the OSP Act now settled by the Supreme Court, attention turns to August 27, when proceedings in the long-running SML-GRA case involving the former Finance Minister and his co-accused are expected to resume.
