By Issah Olegor
A fierce institutional clash has erupted between the Office of the Attorney-General (A-G) and the Office of the Special Prosecutor (OSP) over the ongoing attempt to extradite former Finance Minister Ken Ofori-Atta from the United States to face prosecution in Ghana.
The disagreement, which has been brewing for months, has now exploded into the open, exposing deep-seated tensions over legal authority, jurisdiction, and inter-agency cooperation in the anti-corruption framework.
The latest controversy stems from revelations made by Deputy Attorney-General, Dr. Justice Srem-Sai, who accused the OSP of deliberately stalling the extradition process by refusing to release the necessary case docket.
According to Dr. Srem-Sai, despite several written requests and reminders, the OSP has failed to furnish the A-G’s office with the required documentation to formally initiate extradition proceedings.
“The Attorney-General’s Department has written several letters to the OSP, seeking Ken Ofori-Atta’s docket to trigger his extradition from the U.S., but to no avail,” Dr. Srem-Sai disclosed.
He explained that while the OSP has successfully placed Ofori-Atta on an Interpol Red Notice—an international alert that marks him as a wanted person—the alert itself does not amount to a lawful extradition request.
Under Ghanaian law, he said, only the Attorney-General’s office possesses the authority to file an extradition request with a foreign government.
“We are the only authority that can make an extradition request. But to do that, we need an investigative docket from the OSP, complete with evidence and charges. As of today, we still do not have it,” Dr. Srem-Sai emphasized.
Background of the Dispute
The standoff dates back to June 2025, when the Special Prosecutor, Kissi Agyebeng, wrote to the Chief of Staff at the Office of the President seeking executive support to facilitate Ofori-Atta’s extradition.
The former Finance Minister reportedly left Ghana for the United States shortly after the change of government in January 2025 and has since been under investigation for alleged corruption, procurement irregularities, and financial misconduct during his tenure from 2017 to 2024.
However, the Chief of Staff, Julius Debrah, swiftly redirected the OSP’s letter to the Attorney-General’s Department, citing Article 88 of the 1992 Constitution, which vests all state prosecution and extradition powers in the Attorney-General as the government’s principal legal representative.
In response, the Attorney-General, Dr. Dominic Ayine, through his deputy, Justice Srem-Sai, requested that the OSP submit the full investigative docket to enable the drafting of an official extradition request to the U.S. Department of Justice.
The A-G’s office even proposed forming a joint task force, including representatives from the OSP, the Ministry of Justice, and the Ghana Police Service, to streamline the process.
Although the OSP nominated two officials—Director Albert Akurugu and Senior Prosecutor Kaiser Francis Amedome Wilson—it declined to release the full docket, citing ongoing investigations and the sensitivity of its evidence.
Rising Tensions and Breakdown in Communication
The A-G’s office, frustrated by the OSP’s refusal, sent another reminder in September 2025, warning that the delay could jeopardize the entire extradition process.
According to the A-G, even a provisional extradition could be pursued based on prima facie evidence while investigations continued.
Despite repeated follow-ups, the OSP remained unmoved. By October 2025, the impasse had deepened, prompting Dr. Srem-Sai to publicly express his department’s frustration, accusing the OSP of undermining due process.
OSP Defends Its Independence
According to sources, the OSP insisting that it operates independently of the Attorney-General’s Department.
The office described attempts to compel it to release its docket as unconstitutional interference.
“The Office of the Special Prosecutor does not report to the Attorney-General, does not send dockets to the Attorney-General for prosecution, and does not operate under the supervision of the Attorney-General’s Department,” the source disclosed.
The OSP further argued that prematurely sharing incomplete evidence could compromise the integrity of the case, endanger witnesses, and weaken the credibility before international law enforcement agencies.
It also revealed that it had already activated an Interpol Red Notice against Ofori-Atta and was working directly with global partners to secure his arrest.
Political And Legal Implications
The dispute has sparked public debate over the institutional rivalry between Ghana’s two leading anti-corruption bodies. Legal experts warn that the lack of coordination could derail the Ofori-Atta case and embolden other fugitives to exploit similar bureaucratic gaps.
