US Residency Does Not Shield Ofori-Atta from Extradition, OSP Clarifies

The Office of the Special Prosecutor (OSP) has stated that former Finance Minister Ken Ofori-Atta’s reported acquisition of lawful permanent residency in the United States does not affect the criminal proceedings against him in Ghana or ongoing efforts to secure his extradition.

In a statement issued on X, the OSP said it had noted media reports and claims attributed to a Ghanaian law firm suggesting that a U.S. immigration court granted Ofori-Atta permanent residency after finding the criminal allegations against him in Ghana to be lacking credibility.

The anti-corruption agency rejected that interpretation, stressing that it was not involved in the immigration proceedings and that only Ghanaian courts have the authority to determine the validity of the charges brought against the former minister.

According to the OSP, its role in matters concerning Ofori-Atta is limited to the extradition process being pursued through the Attorney-General, who serves as Ghana’s designated authority for such proceedings.

The Office further explained that the extradition request submitted by Ghanaian authorities was not before the U.S. immigration court and therefore could not have been considered in any decision relating to his residency application.

The OSP emphasized that questions regarding the credibility of the criminal allegations, as well as any determination of guilt or innocence, fall solely within the jurisdiction of Ghana’s courts.

The clarification follows reports that Ofori-Atta secured approval of his I-485 petition in the United States, a significant step toward obtaining lawful permanent resident status.

His lawyer, Frank Davies, reportedly indicated that issues relating to investigations and charges in Ghana were discussed during the immigration proceedings, including the OSP’s earlier declaration of Ofori-Atta as a fugitive from justice while he was receiving medical treatment in the United States.

Despite the reported immigration ruling, the OSP maintained that Ofori-Atta remains a Ghanaian citizen and is still subject to extradition if a competent court in the United States approves Ghana’s request.

The Office stressed that residency status in another country does not exempt an individual from legal processes connected to criminal investigations or prosecution in Ghana.

Ofori-Atta is currently facing several allegations linked to decisions taken during his tenure as Finance Minister, including claims that a contract awarded to Strategic Mobilisation Limited resulted in financial losses exceeding GH¢1.4 billion to the state.

The former minister is also under investigation by the OSP, which previously initiated efforts to secure an INTERPOL Red Notice after he allegedly failed to honour multiple invitations for questioning. The notice was later withdrawn by INTERPOL.

The OSP reiterated that all substantive criminal matters involving Ofori-Atta remain subject to Ghana’s legal system and that any final determination regarding the allegations will be made by the courts in Ghana.