The Office of the Special Prosecutor (OSP) has told an Accra High Court that United States authorities have been advised to adopt the most judicious and expedient approach under American law in considering the potential arrest of former Finance Minister Ken Ofori-Atta and his aide, Ernest Darko Akore.
The update was shared on the OSP’s official X page on Wednesday, February 26, 2026, and later confirmed in court.
According to the OSP, the United States Department of Justice (DOJ), through the Attorney General, sought guidance on whether Mr Akore, a dual US-Ghanaian citizen, should be arrested before being served with a summons, or whether the summons should be served prior to any arrest.
Addressing the court, the Special Prosecutor disclosed that US Marshals were deliberating on the appropriate course of action regarding Mr Akore. In response, the OSP advised US authorities to adopt the most expedient and legally sound option available under American law.
With respect to Mr Ofori-Atta, the DOJ confirmed receipt of the extradition documents submitted by Ghanaian authorities. The OSP indicated that the summons and charge sheet have been transmitted as part of the process.
The court was informed that two separate proceedings are currently pending against Mr Ofori-Atta in the United States — immigration violation proceedings and extradition proceedings.
Meanwhile, Mr Ofori-Atta remains in the custody of US Immigration and Customs Enforcement (ICE) after an immigration judge denied his bail application during a closed-door hearing. The ruling means he will continue to be held at a federal detention facility as his immigration case progresses.
Back in Ghana, the High Court acknowledged the developments abroad but stressed that the case before it remains active.
In a related development, prosecutors refiled the charge sheet against the sixth accused person, Hon. Col. (Rtd) Kwadwo Damoah, after he applied before a previous judge to have his official titles formally reflected in the charges. The charges were subsequently read afresh to incorporate his designation.
The case has been adjourned to March 26, 2026, as proceedings continue both in Ghana and the United States.
