The Office of the Special Prosecutor (OSP) has clarified that former Finance Minister, Ken Ofori-Atta’s reported acquisition of lawful permanent residency in the United States does not affect the criminal charges he faces in Ghana or ongoing efforts to extradite him.
In a statement posted on X, the OSP said it had taken note of media reports and a publication attributed to a Ghanaian law firm suggesting that a US immigration court granted Mr Ofori-Atta permanent residency after determining that criminal charges filed against him in Ghana lacked credibility.
The anti-corruption agency rejected that interpretation, insisting that it played no role in the immigration proceedings and that the question of the credibility of the charges can only be determined by Ghanaian courts.
“The OSP states that it is not involved in immigration hearings in the United States involving Mr. Ofori-Atta,” the statement said.
According to the Office, its involvement in matters concerning the former Finance Minister relates solely to extradition proceedings being pursued through the Attorney-General, who serves as Ghana’s central authority in such matters.
The OSP further explained that the extradition request submitted by Ghanaian authorities was not before the US immigration court and therefore could not have formed the basis of any ruling on the criminal charges.
“The OSP states that the extradition packet is not before the immigration court; and the credibility or otherwise of the criminal charges against Mr. Ofori-Atta would be determined by the courts in Ghana, who have jurisdiction to determine his guilt or innocence,” it stated.
The clarification follows reports that Mr Ofori-Atta had secured a legal victory in the United States after an immigration court approved his I-485 petition, a significant step toward obtaining lawful permanent residency.
According to his lawyer, Frank Davies, the court considered issues relating to criminal investigations and charges facing the former minister in Ghana. The proceedings reportedly included discussions about the OSP’s earlier declaration of Mr Ofori-Atta as a fugitive from justice while he was receiving medical treatment in the United States.
Despite the immigration ruling, the OSP stressed that Mr Ofori-Atta remains a Ghanaian citizen and can still be returned to Ghana through the extradition process if a competent US court so orders.
“Mr. Ofori-Atta still remains a citizen of Ghana and he is still amenable to be extradited to Ghana if so decided by the extradition court in the United States,” the statement added.
Mr Ofori-Atta is facing multiple criminal allegations linked to decisions taken during his tenure as Finance Minister, including claims that a contract awarded to Strategic Mobilisation Limited resulted in losses exceeding GH¢1.4 billion to the state.
He is also under investigation by the OSP, which in June 2025 initiated steps toward securing an INTERPOL Red Notice after he allegedly failed to respond to several invitations for questioning. The notice was later removed by INTERPOL.
The OSP maintains that the substantive criminal matters remain before Ghanaian authorities and that any determination of Mr Ofori-Atta’s guilt or innocence rests exclusively with the courts in Ghana.
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