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The Accra High Court has adjourned the trial involving former Finance Minister Ken Ofori-Atta and seven others to December 17, 2025, after declining a request from the Office of the Special Prosecutor (OSP) for a bench warrant against the sixth accused person, Kwadwo Damoah.
The OSP had urged the court to issue a warrant for Damoah’s arrest, arguing that he had been properly served with a hearing notice but failed to appear before the court on Wednesday, December 11. Prosecutors maintained that service was effected in accordance with the law and that the accused had no justification for his absence.
However, counsel for Damoah countered the request, insisting that the attempted service was unlawful. He cited Article 117 of the 1992 Constitution, which grants Members of Parliament immunity from being served with court processes while attending Parliament or returning from parliamentary business.
According to the defense, Damoah—who is a sitting MP—was “ambushed” with service on December 9 while returning from parliamentary proceedings. They argued that such service violated his constitutional protections.
After reviewing the proof of service, the presiding judge upheld the defense position. The court noted that although an attempt had indeed been made to serve the MP, Parliament was in session on the day in question. As a result, Damoah was presumed to be engaged in parliamentary duties at the time.
The court added that the prosecution had failed to provide evidence to rebut that presumption. Consequently, the judge ruled that the service was invalid, and the request for a bench warrant was denied.
Instead, the court directed that Damoah be given the opportunity to appear and take his plea at the next sitting on December 17.
The accused persons, including Ofori-Atta face multiple charges such as influencing procurement for unfair advantage, causing financial loss to the state, and using public office for profit. These charges stem from contracts awarded to Strategic Mobilisation Ghana Limited (SML) beginning in 2017.
The case continues to attract significant public interest due to its ties to high-profile government officials and longstanding scrutiny over procurement processes within the finance and revenue mobilisation sectors.
