By Daniel Bampoe
The legal battle between Ghana’s anti-corruption body and former Finance Minister Ken Ofori-Atta has entered a new phase, with the Office of the Special Prosecutor (OSP) pushing back against reports suggesting that a United States immigration court has effectively cleared him of wrongdoing and weakened the criminal case pending against him in Ghana.
In a strongly worded response, the OSP said it had taken notice of media publications and statements attributed to lawyers acting for Ofori-Atta claiming that the former finance minister had secured permanent residency in the United States because an American immigration court found the criminal charges filed against him in Ghana to be lacking credibility.
The anti-corruption agency rejected that interpretation, insisting that the immigration proceedings in the United States are entirely separate from the criminal prosecution currently pending before Ghanaian courts.
According to the OSP, its role in the United States is limited solely to extradition proceedings being pursued through the Attorney-General’s Department, which serves as the central authority for such international legal requests.
The office stressed that it is not a party to Ofori-Atta’s immigration case and did not participate in any hearings concerning his residency status.
Background to the International Legal Battle
The dispute traces its roots to investigations launched after the National Democratic Congress (NDC) administration assumed office in January 2025.
Ofori-Atta, who served as Finance Minister under former President Nana Addo Dankwa Akufo-Addo, became the subject of multiple corruption and corruption-related investigations concerning decisions taken during his tenure.
The OSP subsequently opened investigations into several transactions, including the Strategic Mobilisation Limited (SML) contract with the Ghana Revenue Authority, payments connected to the National Cathedral project, the termination of the ECG-BXC contract, ambulance procurement arrangements, and the utilisation of the Tax Refund Account.
After failing to secure his return for questioning, the OSP declared Ofori-Atta a wanted person and later initiated international efforts to locate him.
At the time, the office issued a wanted notice identifying possible locations linked to him, including the United States, the United Kingdom, South Africa, Guyana, Hong Kong and the Cayman Islands.
The notice emphasized that he was wanted to answer allegations linked to several investigations while maintaining the legal principle that every accused person remains innocent until proven guilty in a court of competent jurisdiction.
The Immigration Case in the United States
Ofori-Atta relocated to the United States in early 2025, initially citing medical treatment after being diagnosed with prostate cancer.
His stay later became the subject of immigration scrutiny after American authorities determined that he had exceeded the terms of his visa.
In January 2026, he was arrested by the U.S. Immigration and Customs Enforcement (ICE) and detained at a federal immigration facility in Virginia.
During the proceedings, Ofori-Atta’s legal team pursued an adjustment of status application, commonly known as an I-485 petition, seeking lawful permanent resident status in the United States.
Reports subsequently emerged suggesting that the immigration court approved his application and questioned aspects of the prosecution he faces in Ghana.
Those reports were quickly interpreted by some supporters of the former minister as evidence that the American judicial system had cast doubt on the legitimacy of the Ghanaian case.
OSP Draws Line Between Immigration And Criminal Proceedings
The OSP, however, insists that such interpretations are misleading.
According to the office, any findings made by a U.S. immigration court would have been limited to immigration matters and could not constitute a judgment on the criminal charges pending before Ghanaian courts.
The anti-corruption agency stressed that the extradition package submitted by Ghana is not before the immigration court and therefore could not have been substantively assessed in those proceedings.
“The credibility or otherwise of the criminal charges against Mr Ofori-Atta would be determined by the courts in Ghana,” the OSP stated, emphasizing that Ghanaian courts alone possess jurisdiction to determine whether he is guilty or innocent of the allegations levelled against him.
The office further noted that any decision concerning immigration status in the United States does not extinguish criminal liability or ongoing extradition efforts.
Extradition Request Still Alive
The OSP’s statement also sought to clarify a key legal point that has become increasingly significant as Ofori-Atta strengthens his position in the United States.
According to the office, Ofori-Atta remains a Ghanaian citizen despite any immigration benefits he may receive abroad. As a result, he remains subject to extradition proceedings if the appropriate U.S. court ultimately determines that the request satisfies legal requirements.
This position aligns with previous statements by the Mahama administration, which has repeatedly maintained that securing Ofori-Atta’s return remains a priority.
President John Dramani Mahama has previously acknowledged that the outcome rests entirely with the American judicial system, while Attorney-General Dominic Ayine has consistently argued that Ghana has provided the necessary documentation to support extradition proceedings.
