The Office of the Special Prosecutor (OSP) has rejected claims that a recent ruling by a United States immigration court has weakened or invalidated the criminal case against former Finance Minister Kenneth Nana Yaw Ofori-Atta, insisting that only Ghanaian courts have the authority to determine the merits of the charges pending against him.
The clarification follows media reports citing a purported transcript of proceedings before a US Immigration Court in Virginia, which suggested that an immigration judge found insufficient credible evidence linking Mr Ofori-Atta to criminal wrongdoing in Ghana.
In a public notice issued on Tuesday, July 21, the OSP said those reports had created the false impression that the former Finance Minister had not been credibly charged or implicated in any wrongdoing in Ghana.
The anti-corruption agency stressed that it is not a party to Mr Ofori-Atta’s immigration proceedings in the United States and that its role is limited to the extradition process being pursued through Ghana’s Attorney-General.
“The OSP stated on 16 June 2026 that it is not involved in immigration hearings in the United States involving Mr Ofori-Atta, and that the OSP’s involvement relates to extradition proceedings against Mr Ofori-Atta through the Attorney-General, as the central authority,” the statement said.
The Office further emphasised that the US immigration proceedings have no legal effect on the criminal prosecution currently before the High Court in Accra.
“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. Such matters are not determined by an immigration court in the United States,” the statement added.
According to the OSP, public commentary on the matter has confused three separate legal processes, each operating under different laws and jurisdictions.
The Office explained that the first concerns Mr Ofori-Atta’s immigration status in the United States, the second relates to extradition proceedings that would determine whether he should be surrendered to Ghana under the applicable treaty, and the third is the ongoing criminal prosecution before the High Court in Accra.
Reaffirming its position, the OSP stated that Mr Ofori-Atta remains the subject of active criminal proceedings in Ghana and is still wanted by the courts.
“The OSP reiterates that Mr Ofori-Atta remains the subject of criminal proceedings in Ghana, which are before the High Court, Accra. A valid warrant of arrest has been issued by the High Court, Accra, and Mr Ofori-Atta remains a fugitive from justice in Ghana,” the statement said.
The Office added that the former Finance Minister is required to submit himself to the jurisdiction of the High Court to answer the charges against him.
It further stressed that the criminal proceedings in Ghana will continue irrespective of developments in the United States.
“The criminal proceedings in Ghana shall continue in accordance with applicable law and the directives of the High Court, Accra, whether or not Mr Ofori-Atta is present in Ghana,” the OSP stated.
The statement marks the Office’s first official response since reports emerged that a US immigration judge had questioned the evidential basis of the allegations presented during proceedings relating to Mr Ofori-Atta’s application for adjustment of status in the United States.
