Private legal practitioner Martin Kpebu has called on the Office of the Special Prosecutor (OSP) to urgently freeze the assets of former Finance Minister, Ken Ofori-Atta, over his alleged involvement in the controversial SML–GRA contract.
Speaking on TV3’s KeyPoints on Saturday, Mr. Kpebu cautioned that any delay by the OSP could enable the former minister to conceal or transfer ownership of his properties, potentially undermining efforts to recover state funds.
“By the end of this month, we should know what the OSP intends to do. If by November 14, Ofori-Atta has not been put before court so that his assets can be frozen, I’ll personally file a petition for the OSP’s removal,” Kpebu declared.
Call for Swift Legal Action
The outspoken lawyer emphasized that the Special Prosecutor, Kissi Agyebeng, must now move beyond investigations and take decisive legal steps to safeguard state assets.
According to him, the OSP Act, 2017 (Act 959) empowers the office to freeze assets for 14 days, subject to court approval for an extension, a window he says must be used effectively.
“Ofori-Atta has many assets in Ghana, shares, houses, and other businesses. We need to freeze them before they disappear,” Kpebu stressed.
“The OSP must act fast so we don’t lose everything.”
He warned that the OSP’s slow pace of investigation is eroding public confidence in Ghana’s anti-corruption fight.
“He’s been on this case since 2023 and we’re still waiting. It’s becoming a very slow process. This is not for private gain, it’s in the public interest,” he said.
He alleged that Ken Ofori-Atta holds shares in Enterprise Insurance, Data Bank, and several other companies, as well as real estate and other properties that should be frozen pending investigations.
“We can’t afford to have Ofori-Atta sell his assets or transfer them to others. This is public money, we must recover all of it,” he stated.
Questioning OSP’s Report on SML–GRA Deal
Mr. Kpebu also criticized aspects of the OSP’s investigative report on the SML–GRA revenue assurance contract, describing parts of it as inconsistent and lacking enforcement measures to recover misappropriated funds.
“The OSP’s report clearly shows that SML did not do the work but still got paid,” Kpebu noted.
“I don’t understand how the report concludes that only GH₵125 million should be recovered when the evidence points to a broader failure.”
He referenced paragraphs 212–215 of the OSP report, which, according to him, detail how SML’s flow meters were faulty and failed to perform as required under the contract, yet continued to receive full payments from the Ghana Revenue Authority (GRA).
“Even when SML claimed to have replaced their meters, evidence showed they were still not working. Their own IT head admitted that the NPA’s monitoring system was far superior,” he added.
SML Documentary Evidence Reinforces Case
Kpebu further cited investigative journalist Manasseh Azure Awuni’s documentary on the SML–GRA contract as visual proof of the company’s underperformance.
“You don’t need anyone to tell you, the documentary shows SML’s own officials admitting that their equipment wasn’t functioning properly. So why were they paid?” he questioned.
Public Pressure Mounts on OSP
Public pressure is growing on the Special Prosecutor to act decisively in the SML–GRA corruption probe, which has dominated national debate since late 2023.
The deal, which involved Strategic Mobilization Ghana Limited (SML) and the Ghana Revenue Authority (GRA), was intended to monitor petroleum product volumes and improve revenue assurance but has faced allegations of inflated payments and non-performance.
Kpebu’s latest call adds to mounting demands for asset freezes, prosecutions, and full recovery of public funds linked to the controversial contract.
