The Office of the Special Prosecutor (OSP) has moved to clarify the implications of a decision by a United States immigration court concerning former Finance Minister, Ken Ofori-Atta, insisting that the ruling does not affect ongoing efforts to have him returned to Ghana to answer criminal charges.
The clarification follows a statement issued on June 16, 2026, by lawyers for Mr. Ofori-Atta, Minkah-Premo, Osei-Bonsu, Bruce-Cathline & Partners, announcing that a U.S. immigration court had granted his I-485 petition for adjustment of status. According to the law firm, the court, after hearing evidence relating to actions taken by Ghana’s Office of the Special Prosecutor, found the criminal charges against the former minister “not credible,” although the ruling was made within the context of immigration proceedings.
The statement further indicated that the court considered the OSP’s earlier declaration of Mr. Ofori-Atta as a fugitive from justice at a time when he was reportedly undergoing medical treatment in the United States and while his legal representatives remained in communication with investigators in Ghana.
The development has generated considerable public attention, with some interpreting the court’s observations as a setback to the OSP’s prosecution efforts. However, in a statement posted on its official social media platforms, the OSP sought to distinguish between the immigration proceedings and the separate extradition process being pursued through the Office of the Attorney-General and Minister of Justice.
According to the OSP, it played no role in the immigration proceedings before the U.S. court and remains involved only in the extradition process. The Office stressed that the extradition request submitted through the Attorney-General is not before the immigration court and that questions concerning the credibility of the charges would ultimately be determined by the courts in Ghana, which possess jurisdiction to determine Mr. Ofori-Atta’s guilt or innocence.
“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 OSP stated.
The anti-corruption agency further maintained that Mr. Ofori-Atta remains a Ghanaian citizen and could still be extradited should a competent court in the United States so decide.
The latest exchanges represent another chapter in the increasingly contentious legal battle between the former Finance Minister and the Office of the Special Prosecutor. While the immigration court’s findings have provided a significant boost to Mr. Ofori-Atta’s position in the United States, the OSP maintains that the substantive criminal allegations remain matters for determination by Ghanaian courts and that the extradition process continues independently of the immigration ruling.
The unfolding developments are likely to intensify debate over the OSP’s handling of the case, particularly in light of recent legal challenges confronting the Office, including the implications of the High Court’s decision in Ex Parte Peter Hyde. For now, however, the question of whether Mr. Ofori-Atta will eventually be returned to Ghana to stand trial remains one that may ultimately be answered in a United States extradition court and, thereafter, by the Ghanaian courts themselves.
