The Office of the Special Prosecutor (OSP) has firmly declared that former Finance Minister Ken Ofori-Atta remains a fugitive from justice in Ghana, asserting that a recent United States immigration court ruling does not absolve him of pending corruption charges.
The OSP’s stance follows a decision by US Immigration Judge David Gardey, who approved Mr. Ofori-Atta’s application for permanent residency. The judge reportedly noted that during the immigration proceedings, the allegations presented by the OSP lacked credible evidence of criminal wrongdoing.
However, in a statement issued on Tuesday, July 21, the OSP clarified that its involvement in the US matter pertains strictly to extradition efforts being coordinated through the Attorney-General, not the former minister’s immigration status. The anti-corruption agency emphasized that the US immigration court’s decision has no legal bearing on the criminal proceedings underway in Ghana.
The OSP highlighted that there are three distinct legal tracks at play: the US immigration proceedings regarding his residency, the separate extradition proceedings to determine his potential surrender to Ghana, and the criminal prosecution currently before the Accra High Court.
“The OSP reiterates that the extradition packet is not before the immigration court. The credibility or otherwise of the criminal charges against Mr Ofori-Atta is a matter for determination by the courts in Ghana, which have jurisdiction to determine his guilt or innocence,” the statement explained.
The agency maintained that a valid warrant of arrest issued by the High Court is still active. Therefore, despite his new immigration status in the US, Mr. Ofori-Atta is still legally required to return and submit himself to the jurisdiction of the Accra High Court to face trial.
Furthermore, the OSP warned that the criminal proceedings against the former minister will proceed in accordance with Ghanaian laws and the directives of the High Court, regardless of whether he is physically present in the country.
