THE Office of the Special Prosecutor (OSP) has reiterated that the credibility or otherwise of the alleged criminal charges against Mr Kenneth Nana Yaw Ofori-Atta is a matter for determination by courts in Ghana.
This comes on the back of a purported immigration court hearing from in the United States which concluded that Mr Ofori-Atta had not been credibly charged in Ghana or credibly shown to have engaged in any wrongdoing in Ghana, during his tenure in office.
Following the conclusion made by the immigration court presided over by Mr David Gardey, the OSP issued a statement clarifying that the OSP was not involved in immigration hearings, and that the OSP’s involvement relates to extradition proceedings against Mr Ofori-Atta through the Attorney-General, as the central authority.
“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. Such matters are not determined by an immigration court in the United States,” the OSP added.
It said there were currently three separate legal proceedings involving the former Minister of Finance.
They are United States immigration proceedings, which concern Mr Ofori-Atta’s immigration status in the United States, the extradition proceedings in the United States, which would determine whether Mr Ofori-Atta should be surrendered to Ghana under the relevant extradition treaty and the criminal prosecution of Mr Ofori-Atta in Ghana for corruption and corruption-related offences before the High Court, Accra.
The OSP reiterates that Mr Ofori-Atta remains the subject of criminal proceedings in Ghana, which are before the High Court, Accra.
It said a valid warrant of arrest has been issued by the High Court, Accra, and Mr Ofori-Atta remains a fugitive from justice in Ghana.
The OSP stated that Mr Ofori-Atta was required to submit himself to the jurisdiction of the High Court, Accra, to answer the criminal charges pending against him.
It said the criminal proceedings in Ghana shall continue in accordance with applicable law and the directives of the High Court, Accra, whether or not Mr Ofori-Atta is present in Ghana.
“Mr Ofori-Atta remains the subject of criminal proceedings in Ghana, and there exists a valid warrant of arrest issued by the High Court, Accra. Mr Ofori-Atta remains a fugitive from justice in Ghana, and he is required to submit himself before the High Court in Ghana to answer the criminal charges against him,” the statement added.
Mr Ofori-Atta is currently on $65,000 bail after spending three weeks in custody following his arrest by U.S. Immigration and Customs Enforcement (ICE) agents in Washington, D.C., on January 6, 2026.
Mr Ofori-Atta, who travelled to the United States on January 4, 2025, for medical treatment at the Mayo Clinic in Minnesota, reportedly remained in the country after his visa expired on February 14, 2026.
He has maintained his innocence in the immigration case.
BY MALIK SULLEMANA
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