OSP says US immigration claims do not affect Ofori-Atta extradition process

The Office of the Special Prosecutor says any immigration decision involving former Finance Minister Kenneth Nana Yaw Ofori-Atta in the United States has no bearing on the criminal proceedings he faces in Ghana.

The clarification follows media reports and a publication attributed to a Ghanaian law firm claiming that Mr Ofori-Atta had been granted permanent residency in the United States.

The reports also suggested that a US immigration court had made findings casting doubt on the credibility of charges brought against him by the OSP.

But the OSP says those claims should not be treated as a determination of the criminal case in Ghana.

In a statement, the Office said it is not a party to any immigration proceedings involving Mr Ofori-Atta in the United States.

It explained that its role is limited to extradition processes being pursued through the Attorney-General, who is Ghana’s central authority for international legal cooperation.

The OSP said the documents supporting the extradition request are not before any US immigration court.

For that reason, it said any decision made in an immigration process cannot amount to a ruling on the substance or credibility of the criminal charges filed in Ghana.

According to the Office, only Ghanaian courts have the constitutional authority to determine whether Mr Ofori-Atta is guilty or innocent of the charges against him.

“The credibility or otherwise of the criminal charges against Mr Ofori-Atta will be determined by the courts in Ghana, who have jurisdiction over the matter,” the OSP stated.

The Office also stressed that Mr Ofori-Atta remains a Ghanaian citizen.

It said he remains subject to extradition if a competent court in the United States approves Ghana’s request for his surrender.

The OSP added that any immigration outcome in the United States does not change his legal obligations under Ghanaian law.

It also does not stop efforts to have him returned to Ghana to face trial.

The clarification comes after public discussion over reports of a possible US immigration ruling and what it could mean for Ghana’s attempt to secure Mr Ofori-Atta’s return.

The OSP said it will continue to pursue the matter through lawful extradition procedures and applicable international cooperation channels.