By Leo Nelson
The Office of the Special Prosecutor has stated that former Finance Minister Kenneth Nana Yaw Ofori Atta remains subject to extradition proceedings to Ghana despite reports concerning his immigration status in the United States.
The clarification follows widespread media reports and a publication attributed to a Ghanaian law firm which suggested that Mr Ofori Atta had secured permanent residency in the United States after an immigration court found the criminal charges filed against him in Ghana not credible.
“The OSP states that it is not involved in immigration hearings in the United States involving Mr. Ofori Atta. The OSP’s involvement is in respect of extradition proceedings against Mr. Ofori Atta through the Attorney General as the central authority.”
According to the anti-corruption body, its role remains focused solely on pursuing extradition through established legal channels in accordance with international procedures.
Ghanaian Courts Have Jurisdiction
The Office of the Special Prosecutor further rejected suggestions that the immigration proceedings in the United States had determined the legitimacy of the criminal charges brought against Mr Ofori Atta in Ghana.
The OSP explained that the extradition documents related to the case were not before the immigration court and therefore could not have formed the basis for any decision regarding the former minister’s criminal liability.
“The OSP states that the extradition packet is not before the immigration court; and the credibility or otherwise of the criminal charges against Mr. Ofori Atta would be determined by the courts in Ghana, who have jurisdiction to determine his guilt or innocence.”
The office maintained that it is only Ghanaian courts that possess the legal authority to assess the evidence relating to the charges and determine whether Mr Ofori Atta bears criminal responsibility under the laws of the country.
The statement appears aimed at distinguishing the issues involved in immigration proceedings from those arising from ongoing criminal investigations and extradition efforts.
Extradition Proceedings Continue
The OSP also addressed concerns over whether Mr Ofori Atta’s reported immigration status in the United States could affect the extradition process.
According to the office, any adjustment of status granted by United States authorities does not exempt the former Finance Minister from being returned to Ghana if an extradition court so decides.
The Special Prosecutor’s office stated that Mr Ofori Atta remains a Ghanaian citizen and continues to be amenable to extradition. “Further, Mr. Ofori Atta still remains a citizen of Ghana and he is still amenable to be extradited to Ghana if so decided by the extradition court in the United States,” the statement said.
The clarification underscores the OSP’s position that the extradition process remains active and subject to the determination of the appropriate judicial authorities in the United States.
Lawyers Cite Immigration Court Decision
Meanwhile, lawyers representing Mr Ofori Atta in Ghana have confirmed that his Green Card I-485 petition was approved by a United States immigration court.
In a statement signed by Justice Kusi Minka Premo, solicitor for Mr Ofori Atta, the legal team said the court considered evidence relating to actions taken by Ghana’s Office of the Special Prosecutor.
According to the lawyers, the court examined circumstances surrounding the OSP’s earlier decision to declare Mr Ofori Atta a fugitive from justice while he was reportedly receiving medical treatment in the United States.
The statement also indicated that Mr Ofori Atta’s legal representatives had maintained communication with investigators in Ghana during the period in question.
“Ken Ofori Atta’s Green card I-485 petition has been granted by the US Immigration Court,” the lawyers stated. They further noted, “The Court finds the criminal charges in Ghana not credible.”
However, the legal team acknowledged that the ruling was made strictly within the context of immigration proceedings in the United States.
“The court’s ruling was made within the context of a United States immigration proceedings. The court’s decision was focused on whether Mr Ofori Atta met the legal requirements for adjustment of status.”
The differing positions advanced by the OSP and Mr Ofori Atta’s legal representatives have drawn public attention to the distinction between immigration proceedings abroad and criminal proceedings in Ghana.
While the immigration ruling may have implications for Mr Ofori Atta’s residency status in the United States, the Office of the Special Prosecutor insists that questions regarding the criminal charges against him remain matters for Ghana’s judicial system.
As the extradition proceedings continue through the relevant authorities, the outcome of the case is likely to remain under close public scrutiny both in Ghana and abroad.
For now, the OSP maintains that regardless of any immigration benefits granted in the United States, Mr Ofori Atta remains subject to extradition should the competent court in the United States approve Ghana’s request.