OSP Reaffirms Fugitive Status for Ken Ofori-Atta, Asserting U.S. Immigration Ruling Does Not Stop Extradition | Discuss Ghana

The Office of the Special Prosecutor (OSP) has reiterated that former Finance Minister Ken Ofori-Atta remains a wanted fugitive from justice subject to formal extradition proceedings, rejecting claims that a U.S. immigration ruling granting him permanent residency absolves him of criminal charges in Ghana.

The clarification follows reports confirming that a United States Immigration Court approved Ofori-Atta’s application for lawful permanent residence, reportedly citing concerns raised by his legal team regarding the credibility and political nature of the criminal charges filed against him in Accra.

Responding directly to public debate and statements from Ofori-Atta's lawyers, the anti-corruption agency maintained that immigration proceedings in the U.S. operate under a completely separate legal jurisdiction from international criminal extradition processes.

“The OSP is not involved in immigration proceedings concerning Mr. Ofori-Atta in the United States,” the Office stated. “The credibility of the criminal charges against the former Minister can only be determined by courts of competent jurisdiction in Ghana. Extradition requests transmitted through the Attorney-General remain active, and Mr. Ofori-Atta remains a fugitive from justice.”

Core Legal Arguments and Stand-Off

The ongoing jurisdictional tussle involves distinct legal interpretations between Ofori-Atta's defense counsel and the OSP:

The Defense Position: Defense attorneys—led by Frank Davies—contend that the U.S. immigration judge’s decision to grant permanent residency reflects a finding that the state’s multi-count charges against Ofori-Atta lack credible evidence and stem from political targeting, effectively granting him protection under U.S. administrative law.

The OSP Position: The Special Prosecutor’s office contends that an immigration court’s administrative ruling on residency status does not bind or override sovereign criminal extradition treaties. The OSP emphasized that the official extradition packet—processed through the U.S. Department of Justice—remains under active consideration by federal extradition authorities.

Pending Charges in Ghana: Ofori-Atta faces more than 70 criminal charges in Ghanaian courts related to alleged financial procurement breaches, including investigations into the Strategic Mobilisation (SML-GRA) contract, National Cathedral payments, ambulance procurement, and the GRA Tax Refund Account.

Next Steps in the Extradition Process

With the High Court in Accra continuing to adjourn proceedings in the state's case against Ofori-Atta and co-defendants pending international service of process, the Ministry of Justice and the OSP maintain that they will pursue all statutory avenues—including INTERPOL Red Notice protocols—to secure his return to Ghana to stand trial.