The Office of the Special Prosecutor has strongly rejected claims that a ruling by a United States immigration court has weakened or destroyed the criminal case against former Finance Minister Ken Ofori-Atta in Ghana.
The OSP’s response follows reports based on a transcript from proceedings at the Annandale Immigration Court in Virginia. The reports suggested that the immigration judge found insufficient credible evidence connecting Ofori-Atta to alleged criminal wrongdoing in Ghana.
However, the anti-corruption agency insists that the immigration proceedings and the criminal prosecution in Ghana are entirely separate legal processes.
According to the OSP, it was not a party to Ofori-Atta’s immigration case and did not request his arrest or detention under United States immigration laws. Its involvement in the United States is reportedly limited to the extradition process being handled through Ghana’s Attorney-General.
The OSP further stressed that the extradition documents submitted in connection with Ofori-Atta’s return to Ghana were not before the immigration court. Therefore, the agency argues, comments or conclusions reached during the immigration hearing cannot be treated as a final judgment on the criminal charges pending in Ghana.
It explained that three separate legal matters appeared to have been mixed together in the public discussion: Ofori-Atta’s immigration status in the United States, Ghana’s attempt to extradite him and the criminal proceedings currently before the High Court in Accra.
The immigration proceedings determine whether Ofori-Atta qualifies to remain legally in the United States. An extradition court would separately decide whether he should be surrendered to Ghana, while the High Court in Accra has the authority to determine whether the corruption-related charges against him have been proven.
“The credibility or otherwise of the criminal charges” remains a matter for Ghanaian courts, the OSP maintained.
The Special Prosecutor also stated that a valid arrest warrant issued by the High Court remains in force and that Ofori-Atta is still required to appear before the Ghanaian court to answer the charges against him.
According to the OSP’s case tracker, the former Finance Minister faces 28 counts of corruption and corruption-related offences connected to the Strategic Mobilisation Ghana Limited and Ghana Revenue Authority case. The extradition and service processes were listed as ongoing.
The agency declared that the prosecution would continue under Ghanaian law and the directions of the High Court, regardless of developments surrounding Ofori-Atta’s immigration status in the United States.
The latest statement sets the stage for an intense legal battle, as Ofori-Atta’s lawyers point to the American immigration ruling while the OSP insists that only a Ghanaian court can determine his guilt or innocence.
