The High Court has adjourned proceedings in The Republic v. Kenneth Ofori-Atta and Nine Others to 26 February 2026 to enable service of the summons on two accused persons who are currently fugitives in the United States of America.
The court, in granting the OSP’s application for summons to issue on 11 December 2025, took into consideration the multiple jurisdictional paths the summons would proceed along the lines of the extradition process and fixed the return date on 26 February 2026.
Service of summons outside the jurisdiction for persons undergoing extradition proceedings, follows procedures similar to those applicable to extradition requests. Once prosecutors obtain court approval to serve summons abroad, the documents must pass through the Attorney-General’s Department and the Ministry of Foreign Affairs before being transmitted to the United States Department of Justice, which then reviews the request and effects service on the individual where located.
Prosecutors informed the Court that the Special Prosecutor has already forwarded the summons to the Attorney-General, who has transmitted them to the Ministry of Foreign Affairs, and that the process is currently underway.
At the last sitting on 29 January 2026, the Chief Executive Officer of SML announced a change in legal representation for himself and the company, adding Professor Kwame Gyan to his legal team.
Meanwhile, lawyers for the eight accused persons present in court, including the corporate entity, applied for a variation of their bail conditions. They sought permission for their clients to report to the Office of the Special Prosecutor (OSP) once a month, instead of the current weekly reporting requirement. The application was opposed by the prosecution, and the trial judge agreed, refusing the request and maintaining the existing bail terms.
The OSP also indicated that it was preparing further disclosures for the accused persons. Although some disclosures have already been filed, prosecutors noted that they had not been served on the accused as of the last hearing.
The case is scheduled to continue on 26 February 2026.
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