OSP insists Ofori-Atta remains wanted despite US immigration ruling

The Office of the Special Prosecutor says former Finance Minister Ken Ofori-Atta remains a fugitive from justice in Ghana, despite a recent ruling in his favour by a United States immigration court.

The OSP said the decision of the US immigration court does not determine the validity of the criminal charges pending against Mr Ofori-Atta in Ghana.

In a statement issued on Tuesday, July 21, the anti-corruption agency said the question of whether the former minister is guilty or innocent can only be decided by Ghanaian courts.

The statement follows comments by US Immigration Judge David Gardey, who questioned the strength of allegations filed by the OSP during immigration proceedings involving Mr Ofori-Atta.

The judge said the material before the immigration court lacked credible evidence of criminal wrongdoing and subsequently approved Mr Ofori-Atta’s permanent residency application.

But the OSP said that ruling concerned only his immigration status in the United States.

It explained that its role relates to extradition processes being pursued through the Attorney-General, and not the immigration proceedings.

“The OSP reiterates that the extradition packet is not before the immigration court. The credibility or otherwise of the criminal charges against Mr Ofori-Atta is a matter for determination by the courts in Ghana, which have jurisdiction to determine his guilt or innocence,” the statement said.

According to the OSP, there are three separate legal tracks involving the former minister.

These are the US immigration proceedings, the extradition process that may determine whether he should be returned to Ghana, and the criminal case currently before the High Court in Accra.

The Office said those processes should not be treated as one and the same.

It maintained that the immigration court’s findings do not cancel the charges filed in Ghana or affect the authority of the High Court to deal with the case.

The OSP also stated that a valid warrant of arrest issued by the High Court remains in force.

“Mr Ofori-Atta remains a fugitive from justice in Ghana, and he is required to submit himself to the jurisdiction of the High Court, Accra, to answer the criminal charges pending against him,” the statement said.

The Office added that the criminal proceedings will continue in line with Ghanaian law and the directions of the High Court.

It said the case will proceed regardless of whether Mr Ofori-Atta is currently present in Ghana.