Ken Ofori-Atta: OSP clarifies INTERPOL red notices and extradition processes

The Office of the Special Prosecutor (OSP) has moved to clarify widespread public misconceptions surrounding INTERPOL Red Notices and extradition procedures, particularly in light of the recent developments involving former Finance Minister Ken Ofori-Atta.

In a detailed public post, Sammy Darko, Director of Strategy, Research, and Communications at the OSP, explained that the issuance of a Red Notice by INTERPOL is not synonymous with extradition, and that the legal and diplomatic processes involved in extraditing a suspect are often far more complex and time-consuming than many assume.

“A Red Notice is essentially an international alert issued to locate and provisionally arrest an individual wanted in connection with a criminal offence,” Darko stated. “However, extradition is a formal legal process governed by treaties and judicial oversight, and it may take months or even years to complete.”

Darko confirmed that in the case of Ken Ofori-Atta, the OSP has taken all the necessary legal steps required under international law: “An INTERPOL Red Notice has been issued, and a formal extradition request has been submitted to the Attorney-General, who has activated the relevant international protocols.”

The next stage, he said, rests with the country where the former minister is believed to be located. That jurisdiction must now assess the extradition request through its own legal processes and determine whether to return the suspect to Ghana to face charges.

To underscore the complexity of extradition, Darko cited the case of Asante Kwaku Berko, a dual citizen of Ghana and the United States and former Managing Director of Tema Oil Refinery. Berko was placed on an INTERPOL Red Notice in 2022 at the request of the FBI and arrested in London, yet was not extradited to the U.S. until July 2024—more than 20 months later—after prolonged legal proceedings.

He also referenced an earlier case involving the brother of former President John Mahama, who remained outside Ghana despite a Red Notice issued during the tenure of the first Special Prosecutor. According to Darko, the UK authorities did not extradite him over a five-and-a-half-year period because they concluded he had not committed a crime under their jurisdiction.

“These examples demonstrate that extradition is not about speed or spectacle but about legal procedures, sovereignty, and international cooperation,” Darko emphasized. “Give time, time.”

The OSP’s clarification comes amid intense public discourse and political interest surrounding the ongoing investigation into Ofori-Atta. While some have called for immediate action, the OSP appears to be tempering expectations by highlighting the procedural realities of international law enforcement.

The Office has reiterated its commitment to upholding due process and cooperating with international partners in pursuing accountability, regardless of the challenges posed by cross-border legal frameworks.