OSP Fires Back: Ofori-Atta Still a Fugitive Despite US Immigration Court Ruling

Jul 21, 2026 - 13:54

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OSP Fires Back: Ofori-Atta Still a Fugitive Despite US Immigration Court Ruling

The Office of the Special Prosecutor (OSP) has clarified that a United States immigration court has no jurisdiction to determine the credibility of the criminal charges pending against former Finance Minister Kenneth Nana Yaw Ofori-Atta in Ghana, insisting that he remains a fugitive from justice and is wanted by the High Court in Accra.

In a statement issued on Tuesday, the OSP said it had taken note of a transcript of a purported US immigration court hearing involving Mr Ofori-Atta, which has been circulated by sections of the media and interpreted as suggesting that he had not been credibly charged or shown to have engaged in any wrongdoing in Ghana.

The special prosecutor stressed that such claims misrepresent the legal position, explaining that the immigration proceedings in the United States are entirely separate from the criminal proceedings currently before the High Court in Ghana.

According to the OSP, it is not involved in Mr Ofori-Atta’s immigration proceedings in the United States. Its role, it said, relates solely to extradition proceedings, which are being pursued through Ghana’s attorney general in line with the applicable extradition process.

“The OSP reiterates that the extradition packet is not before the immigration court,” the statement said.

The Office emphasised that the question of whether Mr Ofori-Atta committed any criminal offence is a matter that can only be determined by the courts in Ghana, which have jurisdiction over the charges brought against him.

“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 stated.

To avoid public misunderstanding, the special prosecutor outlined three distinct legal proceedings involving the former finance minister.

These include the United States immigration proceedings, which concern Mr Ofori-Atta’s immigration status; extradition proceedings in the United States to determine whether he should be surrendered to Ghana under the relevant treaty; and the criminal prosecution before the High Court in Accra over corruption and corruption-related offences.

The OSP reiterated that Mr Ofori-Atta remains the subject of active criminal proceedings in Ghana and disclosed that a valid warrant for his arrest remains in force.

According to the Office, the former Finance Minister is required to appear before the High Court in Accra to answer the charges pending against him.

“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 stressed.

The OSP further indicated that the criminal case in Ghana will continue in accordance with the law and the directives of the High Court, irrespective of whether Mr Ofori-Atta is physically present in the country.

The Office maintained that the ongoing legal processes in Ghana remain unaffected by developments in the United States' immigration proceedings.