Ofori-Atta Accused of Licensing Bills to SML Without Technical Justification — OSP Investigates Alleged Conflict of Interest

Introduction

The Office of the Special Prosecutor (OSP) has leveled serious allegations against former Finance Minister Ken Ofori-Atta, accusing him of directing billions of Ghanaian taxpayer funds to Strategic Mobilisation Ghana Limited (SML) without any technical or operational justification. Speaking at a press briefing in Accra on October 30, 2025, Special Prosecutor Kissi Agyebeng highlighted a pattern of alleged misuse of public resources, including funds from the Consolidated Fund, Petroleum Revenue Account, and Tax-Free Fund Account. This investigation has sparked widespread debate about governance, accountability, and ethical standards in public office.

Analysis

The OSP’s investigation centers on three core allegations: the lack of technical rationale for licensing bills, alleged conflict of interest, and unauthorized financial dealings. Below is a breakdown of the key claims and evidence presented:

1. Technical Foundation Missing

The OSP asserts that SML lacked the capacity to fulfill its contractual obligations, yet Mr. Ofori-Atta allegedly endorsed contracts and redirected funds from three sensitive public accounts. For instance, on July 17, 2019, a meeting chaired by the minister directed the marketing of West Blue Consulting to reactivate its internet service for SML, facilitating the transfer of untraceable revenue data from January to June 2019.

2. Conflict of Interest and Personal Enrichment

Evidence suggests Mr. Ofori-Atta’s dual role as both a government minister and SML’s “patron” created a conflict of interest. By August 29, 2019, he is alleged to have orchestrated the merger of SML with West Blue Consulting and the Customs Technical Services Bureau, reinforcing SML’s market dominance despite its poor performance record.

3. Timeline of Alleged Misconduct

• July 2019: Trust-building efforts begin between West Blue and SML under ministerial oversight.
• August 2019: OSP claims financial integration of SML with state institutions accelerates under ministerial mandates.

Summary

The OSP alleges that Mr. Ofori-Atta leveraged his position to funnel public funds into SML while disregarding its technical capacity. This includes endorsing contracts without due diligence, overseeing corporate mergers, and allegedly enriching himself through state resources. The case underscores tensions between executive accountability and political loyalty.

Key Points

Practical Advice for Governance Improvement

This case highlights systemic vulnerabilities in public resource management. Stakeholders can adopt the following practices:

• Implement Independent Audits: Regular third-party audits of state contracts to ensure compliance and technical alignment.
• Establish Whistleblower Protections: Safeguard individuals reporting financial irregularities to curb institutional collusion.
• Enforce Conflict-of-Interest Policies: Mandate divestment of personal stakes in public contracts held by government officials.

Points of Caution

While the OSP’s allegations are grave, the following principles must guide public discourse:

• Presumption of Innocence: Legal proceedings must conclude before definitive judgments are made about Mr. Ofori-Atta’s guilt or innocence.
• Avoid Speculation: Media and commentators should refrain from amplifying unverified claims that could sway public opinion.
• Focus on Systemic Reform: Address broader governance gaps rather than attributing malfeasance to individuals alone.

Comparison with Similar Cases

This investigation mirrors patterns seen in international corruption scandals, such as:

• Ukraine’s 2014 Petro Yatchta Scandal: Misuse of tax-exempt accounts for private gain.
• South Africa’s Gupta Alliance: Crony capitalism involving public resource diversion.

The case underscores a global challenge: balancing political power with financial accountability to prevent state capture.

Legal Implications

If proven, allegations against Mr. Ofori-Atta could trigger:

• Constitutional Violations: Abuse of office under Ghana’s 1992 Constitution (Article 77).
• Criminal Charges: Offenses under the Economic and Organized Crime Act for financial misconduct.
• Judicial Review: Courts may reassess the legality of SML’s licensed contracts if procedural irregularities persist.

Legal experts warn that failure to prosecute such cases undermines Ghana’s rule of law and deters foreign investment.

Conclusion

The OSP’s ongoing investigation into Mr. Ofori-Atta’s financial dealings with SML raises critical questions about transparency and ethical governance in Ghana. As the case unfolds, stakeholders must prioritize accountability mechanisms to restore public trust in state institutions. Balancing justice with due process remains paramount in navigating this complex web of allegations.

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