VIDEO: U.S. Immigration Judge Had No Power to Rule on Ofori-Atta’s Ghana Case — Inusah Fuseini
Former Tamale Central Member of Parliament and lawyer Inusah Fuseini has argued that a United States immigration judge lacked the legal authority to make definitive findings on the criminal case involving former Finance Minister Ken Ofori-Atta in Ghana.
Speaking on JoyNews’ Newsfile, Mr Fuseini said the mandate of the U.S. immigration court was limited to determining whether Mr Ofori-Atta qualified to adjust his immigration status and obtain lawful permanent residence, commonly known as a green card.
His comments follow a ruling by a U.S. immigration judge who found that documents presented before the court did not provide sufficient evidence from Ghana’s Office of the Special Prosecutor (OSP) linking Mr Ofori-Atta to criminal wrongdoing.
The finding contributed to the approval of Mr Ofori-Atta’s application for permanent residency in the United States.
However, Mr Fuseini maintained that the immigration proceedings were not a platform to determine the merits of criminal allegations being pursued in Ghana.
“For a judge who is simply sitting down looking at whether or not someone qualifies to adjust his immigration status to make conclusive findings on criminal matters pending before Ghanaian courts is totally, totally out of jurisdiction,” he said.
According to him, the evidence submitted by Mr Ofori-Atta’s legal team, including affidavit material involving the OSP, was presented only to support the immigration application and not to invite the U.S. court to rule on Ghana’s criminal justice process.
Mr Fuseini argued that criminal jurisdiction is generally territorial and that the U.S. court has no authority over criminal proceedings taking place in Ghana.
“America clearly has no jurisdiction over the criminal trial that is happening in Ghana,” he stated.
He explained that countries can only exercise jurisdiction over criminal matters outside their territories through specific international agreements or treaties, citing the International Criminal Court (ICC) as an example of a body created through voluntary acceptance of jurisdiction by states.
The former lawmaker stressed that the immigration judge’s responsibility was only to determine whether Mr Ofori-Atta met the requirements for immigration adjustment and not to decide whether he had committed any offence under Ghanaian law.
Mr Fuseini maintained that any determination of criminal liability relating to allegations against the former finance minister must be handled by the appropriate courts and institutions in Ghana.
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