Demonstrations staged by pressure group Arise Ghana at the United States Embassy in Accra are unlikely to have any impact on ongoing deportation proceedings involving Ghana’s former Finance Minister, Ken Ofori-Atta, an international law lecturer has said.
In an exclusive interview with The High Street Journal, Professor Kwadwo Appiagyei-Atua of the University of Ghana School of Law dismissed suggestions that the protest could influence the discretion of a U.S. Immigration Court or the U.S. Immigration and Customs Enforcement (ICE).
According to him, the demonstration does not establish any basis for a claim of political persecution under U.S. immigration law.
“The protest was organised by an NGO, Arise Ghana, which is not linked to the Government of Ghana and has no direct connection to Mr. Ofori-Atta,” Prof. Appiagyei-Atua said. “There is therefore little likelihood that counsel could rely on it to advance a claim of political persecution.”
He explained that expressions of public opinion by civil society groups in Ghana, without state sponsorship or targeted state action, carry little legal significance in deportation proceedings. At most, he noted, the only domestic developments that could attract limited attention are the earlier public inconsistencies and apparent confusion between the Office of the Attorney-General and the Office of the Special Prosecutor (OSP) concerning investigations involving the former Finance Minister. Even then, he stressed, such matters would not compel a court or immigration authorities to act in any particular way.
“This protest will not twist the hands of the judge, nor will it influence ICE,” he added.
What Does the In-camera Proceedings Suggest?
The comments follow a virtual immigration court hearing last week which initially commenced as a public session but was later ordered to proceed in camera, resulting in members of the public being excluded. Prof. Appiagyei-Atua said the decision was not unusual and was, in fact, suggested by the presiding judge before being formally requested by counsel for Mr. Ofori-Atta.
He explained that the former Finance Minister’s earlier placement on an Interpol notice, subsequent developments affecting that notice, heightened media attention, and strong public interest both in Ghana and abroad were all factors the court would properly take into account in opting for in-camera proceedings. He added that such a decision does not undermine the integrity of the judicial process or the credibility of the justice system.
On whether the move to private proceedings could be construed as a legal strategy, Prof. Appiagyei-Atua acknowledged that procedural decisions of that nature are sometimes employed to delay proceedings, manage exposure, or minimise reputational damage.
“They can be aimed at controlling the damage or the ‘humiliation’ a client is perceived to be undergoing,” he said.
Addressing speculation about a possible release from detention before the next scheduled hearing date of 27 April, Prof. Appiagyei-Atua clarified that the sitting last week was limited to a bond for bail application and that substantive deportation proceedings have not yet begun. From his assessment, there is little likelihood of Mr. Ofori-Atta being released before that date.
“Even if further applications are filed, they will still be heard when the court next sits on 27 April,” he explained.
He also dismissed suggestions that deportation could be effected before then, noting that the master calendar hearing, which formally initiates deportation proceedings, has not yet taken place.
Prof. Appiagyei-Atua further emphasised that the deportation process is not being pursued at the instigation of the Government of Ghana but lies entirely within the discretion of U.S. authorities acting through ICE. Ghanaian officials, he said, have had a limited role, largely confined to opposing the bond application in light of extradition-related considerations.
Reflecting on broader lessons arising from the case, the professor said it underscores the need for the Office of the Special Prosecutor to sufficiently flag high-profile cases to prevent suspects from leaving the jurisdiction and to expedite investigations.
“Speeding up processes and laying charges at the earliest possible time would have avoided some of the bottlenecks we are witnessing,” he observed.
As for Mr. Ofori-Atta, Prof. Appiagyei-Atua said being declared a fugitive of justice and facing immigration detention abroad is far from ideal, adding that returning home to face the legal process would be the better course.
“Fairness is largely guaranteed under Ghana’s legal system,” he said.
Background
Mr. Ofori-Atta, who served as Ghana’s Minister of Finance for nearly eight years, has in recent months come under heightened legal and political scrutiny. That scrutiny extended to the United States on 6 January, when he was taken into custody in Washington, DC by officers of the United States Immigration and Customs Enforcement (ICE) over issues relating to his immigration status.
He subsequently appeared before a U.S. immigration court in Virginia on 20 January 2026. U.S. authorities have argued that his visitor visa had been revoked, leaving him without lawful status to remain in the country. Proceedings before the Annandale Immigration Court, presided over by Immigration Judge David Gardey, focused on a bond redetermination and a preliminary review of the case. Court records indicate that Mr. Ofori-Atta is currently being held at the Caroline Detention Center.
Meanwhile, a member of Mr. Ofori-Atta’s legal team, Frank Davies, has stated that the bond hearing relating to the former Finance Minister’s bail application is scheduled for 19 February.
