The Office of the Special Prosecutor (OSP) has clarified that a recently circulated transcript from a United States immigration court involving former Finance Minister Ken Ofori-Atta has no bearing on the criminal proceedings pending against him in Ghana.
In a public notice issued on Tuesday, the OSP said it had taken note of media reports citing the purported transcript, which suggested that Mr. Ofori-Atta had not been credibly charged in Ghana or credibly shown to have engaged in wrongdoing.
The Special Prosecutor’s Office rejected that interpretation, stressing that it is not a party to the immigration proceedings in the United States and that the matters before the immigration court are separate from the criminal case pending in Ghana.
“The OSP reiterates that the extradition packet is not before the immigration court. 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 statement said.
According to the OSP, its involvement in the United States relates solely to extradition proceedings being pursued through Ghana’s Attorney-General, acting as the country’s central authority under the applicable extradition process.
The Office outlined what it described as three distinct legal proceedings involving the former Finance Minister. These include the immigration proceedings in the United States concerning his immigration status, extradition proceedings that would determine whether he should be returned to Ghana under the relevant treaty, and the criminal prosecution before the High Court in Accra on corruption and corruption-related charges.
The OSP maintained that Mr. Ofori-Atta remains the subject of ongoing criminal proceedings in Ghana and is required to appear before the High Court to answer the charges against him.
“The criminal proceedings in Ghana shall continue in accordance with applicable law and the directives of the High Court, Accra, whether or not Mr. Ofori-Atta is present in Ghana,” the Office stated.
It further noted that a valid warrant of arrest issued by the High Court, Accra, remains in force.
“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 OSP added.
