The Office of the Special Prosecutor (OSP) has reaffirmed that former Finance Minister Ken Ofori-Atta remains a fugitive from justice in Ghana, stressing that a recent ruling by a United States immigration court has no bearing on the criminal case pending against him.
The OSP’s response comes after US Immigration Judge David Gardey reportedly questioned the strength of the corruption allegations against Mr Ofori-Atta, describing the evidence presented in the immigration proceedings as lacking credible proof of criminal wrongdoing. The ruling subsequently cleared the way for the former minister’s permanent residency application to be approved.
However, in a statement issued on Tuesday, July 21, the OSP dismissed suggestions that the US court’s decision weakens its case, explaining that the immigration proceedings are entirely separate from the legal actions being pursued in Ghana.
According to the anti-corruption agency, its involvement in the United States relates solely to extradition proceedings being handled through Ghana’s Attorney-General and not to Mr Ofori-Atta’s immigration status.
“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.
The OSP explained that three distinct legal processes are currently underway. These include the US immigration proceedings concerning Mr Ofori-Atta’s residency status, extradition proceedings that could determine whether he is returned to Ghana, and the criminal case before the High Court in Accra.
The Office further noted that the criminal proceedings in Ghana remain active and that a valid warrant for Mr Ofori-Atta’s arrest is still 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 OSP stated.
It added that the prosecution of the former Finance Minister will continue in line with Ghanaian law and the directives of the High Court, regardless of whether he is physically present in the country.
