Closing the Loophole: A Step-by-Step Tactical Guide for the Attorney General and the OSP to Execute a Flawless Worldwide Mareva Injunction
This article outlines a tactical legal strategy for the Ghanaian Attorney General and Office of the Special Prosecutor to secure a Worldwide Mareva Injunction against former Finance Minister Ken Ofori-Atta. It argues that standard criminal proceedings are insufficient to prevent the dissipation of assets by high-net-worth individuals.
Why it matters
It highlights the challenges of prosecuting high-level corruption in developing nations when defendants have the resources to move assets across international borders.
When dealing with sophisticated transnational wealth, a standard prosecution strategy is not enough. The 78 corruption-related charges brought by the Office of the Special Prosecutor (OSP) against former Finance Minister Ken Ofori-Atta over the GH 1.4 billion Strategic Mobilisation Limited (SML) deal represent a crucial test for Ghana's legal institutions. However, if the state relies solely on slow-moving criminal trials while the accused holds lawful permanent residency in the United States, it plays directly into the hands of a highly skilled corporate defense team. High-net-worth defendants do not wait for a final verdict to restructure their portfolios; they exploit every procedural delay to move liquid wealth into unassailable jurisdictions.
The article adopts an advocacy tone, explicitly urging state authorities to take aggressive, specific legal actions against a political figure.
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