Ken Ofori-Atta already in custody, INTERPOL Red Notice unnecessary – OSP speaks

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A photo depicting Ken Ofori-Atta's arrest

The Office of the Special Prosecutor (OSP) has broken its silence following the International Criminal Police Organisation’s (INTERPOL) deletion of former Finance Minister, Ken Ofori-Atta’s Red Notice.

According to the OSP, INTERPOL cited political neutrality and notice processing, adding that the polarised political statements from members of current and former administrations about the conduct of the investigation form part of its decision to expunge his name.

Also. OSP further detailed that recent developments with Ken Ofori-Atta, already in custody, made the notice unnecessary.

However, the OSP notes that criminal charges remain active, with summons currently being served in the United States to secure the former Finance Minister’s appearance in court.

The OSP in a press release dated February 13, 2026, stated, “The Office of the Special Prosecutor (OSP) has received the decision of the Commission for the Control of INTERPOL’s Files concerning the Red Notice issued at Ghana’s request for Mr Kenneth Nana Yaw Ofori-Atta.

The Commission directed the deletion of the notice under INTERPOL’s rules on political neutrality and notice processing, citing contextual factors at the time of issuance, including “polarized political statements from members of current and former administrations about the conduct of the investigation,” as well as public controversy surrounding prosecutorial and extradition processes, including public acknowledgment by senior officials at the Ministry of Justice of an inability, at the time, to pursue extradition due to the early procedural stage of the case.

It further observed that subsequent developments made the notice unnecessary, as Mr Ofori-Atta’s location was known, cooperation with U.S. authorities was ongoing and extradition processes had already been initiated following his arrest in the United States on 6 January 2026.

Summons issued by the Criminal Division of the High Court in Accra have been transmitted for service in the United States, requiring him to answer multiple criminal charges. Efforts to secure his appearance continue through established legal and diplomatic channels.

The OSP reiterates that it remains guided solely by law and evidence and is committed to due process and the fair, lawful, and impartial prosecution of corruption and corruption-related offences”.

The OSP statement follows, the statement from Ken Ofori-Atta’s Lawyers that their client has been permanently deleted from the INTERPOL Red Notice following a review.

On Friday, February 13, 2026, Ken Ofori-Atta’s Lawyers in a statement revealed that the Control of INTERPOL’s Files (CCF) had communicated its decision to expunge the alert from the organisation’s database.

According to the lawyers, the CCF concluded that the request for Ken Ofori-Atta’s arrest appeared to be primarily political in nature and did not meet INTERPOL’s neutrality requirements.

The statement signed by his lead counsel, Justice Kusi-Minkah Premo of the law firm Minkah-Premo, Osei-Bonsu, Bruce-Cathline & Partners, read, “We are pleased to announce that, today, February 13, 2026, the Commission for The Control of INTERPOL’s Files (CCF) has notified Kenneth Ofori-Atta that on February 4, 2026 during its 135th Session, it determined that the Red Notice issued against Ofori-Atta “appears of a predominantly political character” and is non- compliant with INTERPOL’s rules, and shall be deleted from INTERPOL’s files permanently.

“Specifically, CCF stated that: “After a thorough examination of the elements before it, the commission found that the challenged data registered by the INTERPOL National Central Bureau (NCB) of Ghana were not compliant with INTERPOL’s rules and decided that they should be deleted from the INTERPOL information system,” part of the letter read.

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