Private legal practitioner Martin Kpebu has suggested that the health condition of former Finance Minister Ken Ofori-Atta could become a significant factor should Ghana seek his extradition from the United States.

According to him, even if Ghana succeeds in establishing a legal basis for extradition through the courts, American authorities retain discretionary powers that could ultimately affect whether or when Mr Ofori-Atta is returned to face proceedings in Ghana.

Speaking in an interview on Joy FM's Top Story on Tuesday, June 16, Mr Kpebu explained that extradition cases in the United States involve both judicial and political considerations.

“His health could be a key factor in the eventual decision to extradite him or not,” he stated.

“In American law, even when the judge is done, there are still huge political elements where the Secretary of State has a lot of discretion to use humanitarian grounds, bad prison conditions and many other factors to decide whether or not to extradite a person,” he added.

Mr Kpebu explained that this means issues relating to Ofori-Atta’s health could potentially be raised even after judicial proceedings have concluded.

He argued that if evidence is presented showing that the former minister’s medical condition makes travel or extradition difficult, U.S. authorities could decide to delay any transfer or consider alternative arrangements.

“It means that if it can be shown, even after the extradition proceedings, that his health does not permit, they could delay matters while looking at his health condition,” he said.

However, the legal practitioner stressed that any such claims would have to withstand public scrutiny and demands for transparency.

He cautioned against accepting medical explanations at face value and called for independent verification where necessary.

“It is not just that somebody will come up with a document and say Ofori-Atta is not well. We will be asking for more accountability and transparency,” he stated.

Mr Kpebu referenced earlier public discussions surrounding Ofori-Atta’s medical condition, arguing that Ghanaians are now paying closer attention to developments surrounding the former Finance Minister.

He also suggested that public sentiment could influence how the matter is viewed both in Ghana and abroad.

According to him, citizens are increasingly interested in ensuring that legal processes are applied fairly and consistently, particularly in high-profile cases involving public officials.

The comments come amid ongoing debate over the implications of reports that a U.S. immigration court has granted Ofori-Atta permanent residency status.

The Office of the Special Prosecutor has also maintained that immigration proceedings in the United States are separate from investigations and potential criminal processes being pursued in Ghana.