The Office of the Special Prosecutor (OSP) has dismissed claims that a reported United States immigration court decision granting former Finance Minister Ken Ofori-Atta permanent residency amounts to a vindication of the criminal charges he faces in Ghana.
In a statement issued on Tuesday, June 16, the anti-corruption agency said reports suggesting that a US immigration court had found the charges against Mr Ofori-Atta to be lacking credibility should not be interpreted as a determination of the criminal case pending in Ghana.
OSP Distances Itself From US Proceedings
According to the OSP, it played no role in the immigration proceedings in the United States and was not a party to the case.
The Office explained that its involvement concerning the former Finance Minister is limited to efforts to secure his return to Ghana through extradition proceedings being pursued by the Attorney-General under applicable international arrangements.
“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,” the OSP stated.
Extradition Process Continues
The OSP stressed that the extradition request submitted by Ghanaian authorities was not before the US immigration court and therefore could not have formed the basis of any ruling on the criminal charges.
It maintained that any immigration benefits granted to Mr Ofori-Atta do not affect the legal processes currently underway in Ghana.
The Office further noted that the former Finance Minister remains a Ghanaian citizen and is still subject to Ghana’s laws.
“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,” the statement added.
Criminal Case Remains Before Ghanaian Courts
Mr Ofori-Atta is facing criminal proceedings initiated by the OSP following investigations into several high-profile transactions undertaken during his tenure as Finance Minister.
The anti-corruption agency previously declared him wanted and launched legal processes aimed at securing his return to Ghana after alleging that he failed to honour invitations to assist with investigations.
While the former minister has consistently denied wrongdoing, the OSP insists that the allegations must be tested through the judicial process.
Jurisdiction Lies With Ghanaian Courts
The OSP said its latest statement was intended to correct public misconceptions arising from reports linking Mr Ofori-Atta’s immigration status in the United States to the criminal proceedings in Ghana.
According to the Office, questions of criminal liability can only be determined by Ghanaian courts and not through immigration proceedings conducted abroad.
The agency reaffirmed its commitment to pursuing all lawful avenues available under Ghanaian and international law to ensure that the former Finance Minister responds to the charges brought against him.
