Legal Expert Amanda Clinton Breaks Down Ofori-Atta Red Notice Saga

Legal expert and Head of Chambers at Clinton Consultancy, Amanda Clinton, breaks down how exactly red notices work in Ghana and the role of law enforcement in the saga

On June 2, the Office of the Special Prosecutor declared former Finance Minister Ken Ofori-Atta wanted again after he failed to honour a scheduled meeting and was subsequently added to INTERPOL's Red Notice database.

Ofori-Atta's family has since criticised these developments and has made attempts to reverse the Red Notice.

Amid the interest and concerns about the case, a legal expert and the head of chambers at Clinton Consultancy, Amanda Clinton, broke down the the process of issuing Red Notices from Ghana, clarified the roles of the Office of the Special Prosecutor, the Attorney-General, and Interpol’s National Central Bureau in Accra, and explained why due process is critical.

She noted that Red Notices are powerful international tools, but their legitimacy depends on how they are initiated and applied.

"Using such notices to target individuals who are not in hiding but are known, reachable, and possibly unwell could erode public trust in justice institutions. Due process must not only be followed—it must be seen to be followed."

What office functions as 'Interpol Ghana'?

Clinton noted that there is no formal Interpol office in Ghana. There is, however, a National Central Bureau within the Criminal Investigations Department (CID) of the Ghana Police Service.

"This bureau functions as Interpol Ghana and acts solely as a liaison between Ghana and Interpol’s General Secretariat in Lyon, France."

The National Central Bureau, however, has no judicial powers of its own and cannot arrest, prosecute, or determine guilt.

It transmits requests that originate from competent Ghanaian legal authorities to Interpol headquarters for review and potential global circulation.

What is required for a Red Notice?

To request a Red Notice, there must be an active arrest warrant.

The alleged offence must also be significant enough and must be punishable by at least two years in prison, or six months if the person has already been convicted.

Clinton noted that Interpol does not allow Red Notices for politically motivated prosecutions and these must also be in line with international human rights laws.

If the suspect's location is known, like in Ofori-Atta's case, a Red Notice is still permitted because the notice is not meant to find the suspect but to alert law enforcement in other countries, facilitate temporary detention and lay the foundation for a formal extradition request.

Clinton noted that although the special prosecutor may initiate an investigation and request the arrest of a suspect, the Attorney-General of Ghana must approve any Red Notice submission.

"This ensures state accountability and prevents abuse of international mechanisms for political ends."

What should happen in Ofori-Atta's case?

Clinton noted that issuing a Red Notice without genuine intent to extradite may give the appearance of a politically motivated action.

If a suspect is already known to be abroad, she explained that it is best to send mutual legal assistance requests and coordinate for direct extradition proceedings.

The Red Notice is considered only if extradition will be pursued after temporary arrest.

What is Ofori-Atta being investigated for?

Ofori-Atta is being investigated for five cases, according to the Special Prosecutor. These cases concern:

1. Contractual arrangements between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority.
2. The termination of a contract between the Electricity Company of Ghana and Beijing Xiao Cheng Technology.
3. Procurement procedures and financial transactions related to the National Cathedral.
4. A Ministry of Health contract with Service Ghana Auto Group Limited for purchasing and maintaining 307 ambulances.
5. The handling and disbursement of funds from the Tax P-Fund Account of the Ghana Revenue Authority.

In March, Ofori-Atta sued the Office of the Special Prosecutor, seeking compensation for previously being declared wanted. That case has been adjourned to June 18. He has not taken any legal action following the recent developments.

Proofreading by Bruce Douglas, copy editor at YEN.com.gh.

Source: YEN.com.gh