Recent headlines concerning the issuance of an Interpol Red Notice for former Finance Minister Ken Ofori-Atta have sparked public interest and confusion. While some view it as a politically charged move, others are unsure of how such international law enforcement tools operate—particularly within Ghana’s legal system.

This article aims to demystify the process of issuing Red Notices from Ghana, clarify the roles of the Office of the Special Prosecutor (OSP), the Attorney-General (AG), and Interpol’s National Central Bureau (NCB) in Accra, and explain why due process—not optics—matters most in such cases.

First, Let’s Debunk a Common Myth

Nobody “sits” at CID Headquarters under the title “Interpol Ghana.”
What exists is a National Central Bureau (NCB)—a specialized division within the Criminal Investigations Department (CID) of the Ghana Police Service. This bureau functions as Interpol Ghana and acts solely as a liaison between Ghana and Interpol’s General Secretariat in Lyon, France.

The NCB has no judicial powers of its own. It cannot arrest, prosecute, or determine guilt. It transmits requests that originate from competent Ghanaian legal authorities—primarily the OSP or the AG’s Department—to Interpol headquarters for review and potential global circulation.

What Must Be Satisfied for a Red Notice?

To request a Red Notice through Interpol Ghana (NCB), the following legal conditions must be met:
1. Valid Domestic Arrest Warrant:
There must be an active arrest warrant issued by a court in Ghana, based on criminal charges under Ghanaian law.
2. Threshold Offence:
The alleged offence must be punishable by at least two years of imprisonment if prosecution is pending, or six months if the person has already been convicted.
3. Non-Political Grounds:
Interpol does not allow Red Notices for politically motivated prosecutions. Article 3 of its Constitution prohibits involvement in political, military, religious, or racial matters.
4. Human Rights Safeguards:
The request must not violate international human rights laws, such as protections against arbitrary detention or unfair trial processes.
5. Evidential Basis:
Interpol does not require full disclosure of public evidence but demands a summary of the facts, including the person’s alleged role in the offence. Confidentiality is preserved in sensitive cases.

What If the Person’s Whereabouts Are Known?

Even if the authorities know a suspect’s exact location—as in this case, where Ofori-Atta was reportedly undergoing medical treatment at the Mayo Clinic in the U.S.—a Red Notice is still permitted. Its function is not to “find” the individual, but to:
• Alert law enforcement in other countries;
• Facilitate temporary detention (if permitted under national law);
• Lay the foundation for a formal extradition request.

Knowing someone’s location or being in communication with them does not invalidate a Red Notice. However, it does raise legitimate questions about intent—whether the move is legal but unnecessarily inflammatory or disproportionate.

Role of the Attorney-General in Ghana

Although the OSP may initiate an investigation and request the arrest of a suspect, the Attorney-General of Ghana must minute and approve any Red Notice submission—particularly when the case could escalate into an international legal matter. This ensures state accountability and prevents abuse of international mechanisms for political ends.

“In Ghana, the Attorney-General has to minute his approval before a Red Notice request can proceed through the NCB,” — Amanda Clinton, International Lawyer

What Should Have Happened?

If a suspect is already known to be in a foreign jurisdiction, especially one like the United States, best practice typically involves:
1. Sending mutual legal assistance requests;
2. Coordinating with the host country for direct extradition proceedings;
3. Using a Red Notice only if extradition will be pursued after temporary arrest.

Issuing a Red Notice without genuine intent to extradite—especially where illness or ongoing communication exists—may give the appearance of a politically motivated action, regardless of its formal legality.

Conclusion

Red Notices are powerful international tools, but their legitimacy depends on how they are initiated and applied. In Ghana, such requests must go through the CID’s Interpol Unit (NCB), originate from a valid warrant, and be minuted by the Attorney-General.

Using such notices to target individuals who are not in hiding but are known, reachable, and possibly unwell could erode public trust in justice institutions. Due process must not only be followed—it must be seen to be followed.

The writer is an international lawyer and Head of Chambers at Clinton Consultancy.