A private legal practitioner, Lawyer Kyei Badu, says the law allows Ghanaian courts to proceed with the trial of former Finance Minister Ken Ofori-Atta even in his absence, provided the court is satisfied that he is deliberately refusing to submit himself to the justice process.
Speaking on Teknokrat, a current affairs programme on Focus FM 94.3, hosted by Sika Audrey Dzifa, the lawyer explained that while criminal justice generally requires an accused person to be present during trial, the law makes clear exceptions where a suspect, despite knowing the charges against him, chooses to remain unavailable.
Ken Ofori-Atta, who served as Ghana’s Finance Minister for several years, has recently been at the centre of public debate following calls for him to return to Ghana to face investigations over his conduct in office. His continued stay outside the country has raised questions about whether justice can be pursued without his physical return.
Lawyer Kyei Badu noted that once the court is convinced that the accused has been properly notified of the charges and has voluntarily absented himself, the court may lawfully order a trial in absentia.
He stressed that criminal proceedings cannot be conducted through public commentary, social media platforms, or technological substitutes, as physical presence remains the standard. However, once a court lawfully decides to proceed in absentia, the accused cannot later invalidate the trial simply because he was not present.
According to him, a person tried in absentia may only challenge the outcome through an appeal after returning and submitting to the court’s jurisdiction, and must go through the established judicial hierarchy.
Citing provisions of Ghana’s 1992 Constitution, Lawyer Kyei Badu argued that the law supports such proceedings where the accused has intentionally avoided the justice system.
He also raised concerns about accountability, stating that waiting for governments to leave power before prosecuting alleged wrongdoing by public officials undermines the fight against corruption.
“Accountability is weakened when we delay action until political power changes hands,” he said, adding that the justice system must act when the legal threshold is met, regardless of political timing.