The criminal trial in Republic v. Ofori-Atta & 7 Others resumed on February 26 , 2026 before the Accra High Court, with significant updates on the status of two key accused persons currently in the United States.
The accused, including former Finance Minister Ken Ofori-Atta, former commissioners and officials of the Ghana Revenue Authority (GRA), and Strategic Mobilisation Ghana Limited (SML), are facing charges of causing financial loss to the State, conspiracy to cause financial loss to the State, and related offences.
At the hearing, the Court sought clarification on the absence of the first and second accused persons: Mr. Ofori-Atta (A1) and his former Chief of Staff, Mr. Ernst Darko Akore (A2).
U.S. Department of Justice Seeks Guidance on A2
The Special Prosecutor informed the Court that the United States Department of Justice (DOJ), acting through Ghana’s Attorney-General, had requested advice from the OSP regarding the appropriate procedure in respect of Mr. Akore, a dual US-Ghanaian citizen.
Specifically, the DOJ sought clarification on whether he should first be arrested before being served with a summons, or whether service of the summons should precede any arrest in the context of extradition proceedings.
The OSP advised U.S. authorities to adopt the most expedient and judicious process available under their laws. As at the date of the hearing, a summons had not yet been served on Mr. Akore.
Two Proceedings Pending Against A1
With respect to Mr. Ofori-Atta, the Court was informed that two separate proceedings are currently pending against him in the United States.
According to the DOJ, the extradition packet submitted by Ghana has been received. The summons and charge sheet have also been transmitted to him.
The first set of proceedings relates to alleged immigration violations. The second concerns Ghana’s request for his extradition to stand trial.
The Special Prosecutor indicated that while the U.S. processes are ongoing, proceedings in Ghana will continue.
Charges Refiled Against Sixth Accused
In a related development, prosecutors refiled the charge sheet in respect of the sixth accused, Col. (Rtd) Kwadwo Damoah (A6). The refiling followed an earlier application before a different judge in which he sought to have his official titles properly reflected.
Consequently, the charges were read afresh to reflect his full designation.
Ghana to Await Outcome of U.S. Process
The Special Prosecutor emphasized that the Republic of Ghana will abide by the outcome of the ongoing U.S. proceedings in respect of Mr. Ofori-Atta. As for Mr. Darko, the State indicated that matters concerning his presence remain under consideration and that the Court will be duly updated on the next procedural steps.
Adjournment and Ongoing Disclosures
The case has been adjourned to March 26, 2026. The Court expects disclosure processes to continue during the period of adjournment.
