The Office of the Special Prosecutor (OSP) has clarified that a recent ruling by a United States Immigration Court concerning former Finance Minister Ken Ofori-Atta does not determine the merits of the criminal proceedings pending against him before the High Court in Ghana.
The clarification follows the circulation of a transcript of the U.S. immigration proceedings by various media outlets, which the OSP said had created the impression that Mr. Ofori-Atta had not been credibly accused of wrongdoing in Ghana.
In the statement dated 21 July 2026, the OSP stressed that it was not a party to the U.S. immigration proceedings. . It explained that its involvement in the matter relates solely to extradition proceedings being pursued through Ghana’s Attorney-General, the country’s designated central authority for extradition requests.
The OSP further stated that its extradition request was not before the U.S. Immigration Court and maintained that the credibility of the criminal charges against Mr. Ofori-Atta is a matter to be determined exclusively by the Ghanaian courts.
“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. Such matters are not determined by an immigration court in the United States,” the statement said.
To clarify the legal position, the OSP distinguished between three separate proceedings involving the former Finance Minister:
1.U.S. immigration proceedings concerning his immigration status;
2. Extradition proceedings in the United States to determine whether he should be surrendered to Ghana under the applicable treaty; and
3. The criminal prosecution pending before the High Court in Accra on corruption and corruption-related offences.
According to the OSP, Mr. Ofori-Atta remains the subject of criminal proceedings in Ghana, where a valid warrant for his arrest has been issued by the High Court in Accra. The office maintained that Mr. Ofori-Atta remains a fugitive from justice under Ghanaian law and is required to appear before the High Court to answer the charges against him.
The statement added that the criminal proceedings in Ghana would continue in accordance with applicable law and the directives of the High Court, regardless of whether Mr. Ofori-Atta is physically present in the country.
The OSP’s latest statement emphasises that the U.S. immigration proceedings and the criminal prosecution in Ghana are separate legal processes governed by different jurisdictions and legal standards. It maintains that the allegations against the former Finance Minister remain pending before the High Court in Ghana.
The OSP therefore urged the public to distinguish between the separate immigration, extradition and criminal proceedings, insisting that the U.S. immigration ruling should not be interpreted as a determination of the merits of the criminal case pending before the High Court in Ghana.
