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Director of the Strategy, Research, and Communication Division at the Office of the Special Prosecutor (OSP), Samuel Darko, has publicly questioned a claim attributed to INTERPOL by lawyers for former Finance Minister Ken Ofori-Atta, intensifying debate over the international dimensions of the high-profile case.
On Friday, February 13, it emerged that INTERPOL had deleted the Red Notice issued for Ofori-Atta, with various explanations.
In a release with the headline "RED NOTICE AGAINST KEN OFORI-ATTA DELETED PERMANENTLY: INTERPOL DOES NOT ENDORSE POLITICAL PERSECUTION", Ofori-Atta’s lead counsel, Justice Kusi-Minkah Premo of the law firm Minkah-Premo, Osei-Bonsu, Bruce-Cathline & Partners, stated that the Commission for the Control of INTERPOL’s Files (CCF) had communicated the removal to Mr Ofori-Atta.
The details of the statement from Ofori-Atta's camp said:
"We are pleased to announce that, today, February 13, 2026, the Commission for The Control of INTERPOL's Files (CCF) has notified Kenneth Ofori-Atta that on February 4, 2026, during its 135th Session, it determined that the Red Notice issued against Mr. Ofori-Atta 'appears of a predominantly political character' and is non-compliant with INTERPOL's rules and shall be deleted from INTERPOL's files permanently".
It added, "Specifically, CCF stated that: 'After a thorough examination of the elements before it, the commission found that the challenged data registered by the INTERPOL National Central Bureau (NCB) of Ghana were not compliant with INTERPOL's rules and decided that they should be deleted from the INTERPOL information system.'"
However, Mr Darko believes Ofori-Atta's lawyers may be twisting the facts.
In a sharply worded post on Facebook, Mr Darko replied:
“Can someone ask Mr. Ofori Atta’s lawyers for me: which page or paragraph is the quote they attributed to Interpol verbatim be found or they can explain?”
Background to the Dispute
The war of words follows INTERPOL’s decision, through its Commission for the Control of Files (CCF), to delete a Red Notice that had been circulated after a request by Ghanaian authorities.
The Red Notice was issued in connection with investigations by the OSP into alleged financial and procurement-related irregularities during Mr Ofori-Atta’s tenure as Finance Minister from 2017 to 2024.
INTERPOL Red Notices are international alerts requesting member countries to locate and provisionally arrest individuals pending extradition or similar legal action. They are governed by strict admissibility rules, including Article 3 of INTERPOL’s Constitution, which prohibits the organisation from undertaking activities of a political character.
The CCF reviews complaints and challenges relating to data processed by INTERPOL, including Red Notices. Decisions by the Commission often turn on procedural compliance, evidentiary thresholds, and neutrality considerations.
Arrest and Extradition Proceedings
Mr Ofori-Atta was reportedly arrested in the United States on January 6, 2026, after his location became known to authorities. Following his arrest over visa issues, extradition processes were initiated under established legal and diplomatic channels.
Under Ghana’s Extradition Act, 1960 (Act 22) and applicable bilateral arrangements, extradition from the United States involves a judicial process to determine whether legal requirements, including dual criminality and sufficiency of evidence, are satisfied. The process may involve preliminary hearings, evidentiary submissions, and potential appeals before executive approval for surrender is considered.
Legal experts note that once a suspect is arrested, the operational function of a Red Notice, seeking location and provisional detention, is effectively fulfilled.
Extradition proceedings then proceed independently of the alert.
The OSP’s Position
The OSP has maintained that its actions are guided strictly by law and evidence and that due process will be observed at every stage. The latest comment from its communications director suggests the Office is contesting how INTERPOL’s decision has been publicly characterised.
While the specific quotation referenced by the OSP official was not detailed in the post, the former minister’s legal team cited INTERPOL as having made a particular finding or statement in support of their client’s position of political persecution.
By asking for the precise “page or paragraph” where the purported quote appears, Mr Darko signalled a call for documentary precision in the public discourse surrounding the case.
Economic and Political Context
Mr Ofori-Atta’s tenure as Finance Minister spanned one of the most economically turbulent periods in Ghana’s recent history. Between 2022 and 2023:
- Public debt rose to more than GH¢575 billion.
- Inflation peaked above 50 percent year-on-year,
- A domestic debt exchange programme restructured over GH¢200 billion in bonds,
- Ghana secured a $3 billion International Monetary Fund programme in May 2023.
The OSP’s investigations relate to decisions and transactions undertaken during this period, although the former minister has consistently denied wrongdoing and retains the presumption of innocence until proven guilty in a court of law.
As extradition proceedings continue in the United States, attention is likely to focus not only on the substantive allegations but also on procedural arguments advanced by both sides.
Neither Mr Ofori-Atta nor his legal representatives had publicly responded to the OSP official’s query at the time of publication.
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