The Office of the Special Prosecutor (OSP) has boldly stated that criminal charges against Ghana’s former Finance Minister, Ken Ofori-Atta, would be determined by Ghana’s courts.
According to the OSP, they are not involved in immigration hearings in the United States involving Mr Ofori-Atta, adding that their involvement is in respect of extradition proceedings through the Attorney General.
They further disclosed that the criminal charges against Mr Ofori-Atta would be determined by the courts in Ghana, adding that a US residency does not clear Ofori-Atta of the extradition process.
The OSP made this revelation reacting to reports that Ken Ofori-Atta has secured a legal victory in the United States, with an immigration court approving his application to adjust his immigration status.
In a post on X, the OSP wrote, “The Office of the Special Prosecutor (OSP) has taken note of media reports and a publication attributed to a law firm in Ghana that Mr Kenneth Nana Yaw Ofori-Atta has been granted permanent residency in the United States, resulting from an immigration court finding that it did not find the criminal charges filed by the OSP in Ghana against Mr. Ofori-Atta credible.
The OSP states that it is not involved in immigration hearings in the United States involving Mr Ofori-Atta. The OSP’s involvement is in respect of extradition proceedings against Mr Ofori-Atta through the Attorney-General as the central authority.
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”.
Further, 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”.
Meanwhile, Frank Davies, a lawyer for former Finance Minister Ken Ofori-Atta, has disclosed that his client is going to enjoy permanent residence in the United States.
According to Frank Davies, it is up to Ghanaian authorities to determine their next course of action following a United States immigration court decision.
He highlighted that the immigration decision had altered the circumstances surrounding Ofori-Atta’s stay in the US.
Speaking in an interview on Joy FM’s Midday News, Frank Davies stated, “The adjustment of the residence status of Kenneth Ofori-Atta in the United States of America has been granted”.
“I do not speak for the OSP. I speak for Kenneth Ofori-Atta,” he said.
“It is up to the authorities in Ghana to explore whatever arrangements they have. As of now, Kenneth is going to enjoy permanent residence in the United States,” Mr Davies stated.
“I have said it time without number. As I speak to you now, Kenneth Ofori-Atta has not been notified of any charges pending against him in any criminal court in Ghana,” he said.
His comments follow, Ken Ofori-Atta, who has reportedly secured a legal victory in the United States, with an immigration court approving his application to adjust his immigration status.
According to reports, the US court has paved the way for Ken Ofori-Atta to obtain lawful permanent residency in the United States.
Reports suggest the decision was delivered on Monday when the Immigration court considered Mr Ofori-Atta’s I-485 petition.
Meanwhile, Amanda Akuokor Clinton, an international and constitutional lawyer, has also stated that the US immigration ruling doesn’t block extradition.
In a Facebook post, Amanda Clinton highlighted that immigration status and criminal surrender proceedings operate under entirely separate legal frameworks.
Parts of Amanda Clinton’s post, wrote, “The reported immigration ruling therefore does not prevent Ghana from continuing to seek Mr Ofori-Atta’s return. It does not annul the criminal charges filed in Ghana. It does not amount to an acquittal, and it does not confer immunity from extradition. A green card is permission to live in America; it is not diplomatic protection from the reach of an extradition treaty”.
“He can now defend any extradition request from the firmer ground of lawful permanent residence, supported by family ties, medical evidence and whatever political-persecution material his lawyers have assembled.
That ground is firmer. It is not impregnable.
The decisive legal truth remains simple: permanent residence and extradition are separate. The former allows him to live in the United States. The latter may still require him to leave it.
Ghana’s success will depend not on political insistence, but on evidential discipline, procedural fairness and the credibility of the assurances it gives about what will happen after he lands”, she added.
See the post below:
The Office of the Special Prosecutor (OSP) has taken note of media reports and a publication attributed to a law firm in Ghana that Mr Kenneth Nana Yaw Ofori-Atta has been granted permanent residency in the United States resulting from an immigration court finding that it did not… pic.twitter.com/1Wft2mNtDD
— Office of the Special Prosecutor-Ghana (@ospghana) June 16, 2026
