The Office of the Special Prosecutor (OSP) has clarified that a recent ruling by a United States immigration court involving former Finance Minister Kenneth Nana Yaw Ofori-Atta has no bearing on the criminal proceedings pending against him in Ghana.
In a public notice issued on July 21, 2026, the OSP said it had taken note of a transcript of a hearing reportedly emanating from a U.S. immigration court that has been circulated by some media organisations. The transcript suggests that Mr. Ofori-Atta had not been credibly charged in Ghana or credibly shown to have engaged in any wrongdoing.
However, the OSP said those conclusions relate solely to U.S. immigration proceedings and should not be interpreted as determining the merits of the criminal case before the Ghanaian courts.
Immigration case different from criminal proceedings
The Special Prosecutor explained that it is not involved in Mr Ofori-Atta’s immigration proceedings in the United States. Instead, its role is limited to extradition proceedings being pursued through the Attorney-General, who serves as Ghana’s central authority on such matters.
According to the OSP, the extradition request is not before the U.S. immigration court, and that court has no jurisdiction to determine whether the criminal charges against Mr Ofori-Atta are credible or whether he is guilty or innocent.
“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.
OSP outlines three separate legal processes
The OSP stressed that the public should distinguish between three separate legal proceedings involving the former finance minister.
These include the U.S. immigration proceedings, which concern his immigration status in the United States; extradition proceedings in the United States, which will determine whether he should be surrendered to Ghana under the applicable extradition treaty; and the criminal prosecution before the High Court in Accra, where he faces corruption and corruption-related charges.
Arrest warrant remains in force
The Special Prosecutor further stated that Mr.Ofori-Atta remains the subject of ongoing criminal proceedings in Ghana and that a valid warrant for his arrest remains in effect.
It maintained that the former minister is still considered a fugitive from justice in Ghana and is required to submit himself to the jurisdiction of the High Court in Accra to answer the charges pending against him.
The OSP added that the criminal proceedings in Ghana would 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 clarification follows widespread media reports on a U.S. immigration court transcript that questioned the evidential basis of the criminal allegations brought against the former finance minister. The OSP insists that those proceedings are legally distinct from the criminal prosecution currently before the Ghanaian courts.
