OSP: Ofori-Atta Remains A Fugitive, US Immigration Hearing Not About Ghana Charges

The Office of the Special Prosecutor (OSP) says former Finance Minister Kenneth Nana Yaw Ofori-Atta is still a fugitive from justice in Ghana, despite a transcript circulating from a US immigration court suggesting he has not been credibly charged.

In a public notice, the OSP clarified that it is not a party to any immigration hearings in the United States involving Mr. Ofori-Atta.

According to the OSP, its role relates only to extradition proceedings, which are being handled through the Attorney-General as Ghana’s central authority.

“The OSP reiterates that the extradition packet is not before the immigration court,” the statement said. “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 OSP said it is important to distinguish three separate legal processes involving the former minister:

1. *US immigration proceedings* – relating to Mr. Ofori-Atta’s immigration status in the United States.

2. *US extradition proceedings* – to determine whether he should be surrendered to Ghana under the extradition treaty.

3. *Criminal prosecution in Ghana* – for corruption and corruption-related offences currently before the High Court in Accra.

The OSP stressed that the criminal case in Ghana is still active. A valid arrest warrant has been issued by the High Court, Accra, and Mr. Ofori-Atta remains a fugitive.

“He is required to submit himself to the jurisdiction of the High Court, Accra, to answer the criminal charges pending against him,” the OSP said.

The office added that the prosecution will 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 clarification comes after some media houses circulated portions of a purported US Immigration Court hearing transcript that suggested the OSP had not credibly charged Mr. Ofori-Atta in Ghana.