Audio By Carbonatix
Attorney General and Minister for Justice, Dr Dominic Ayine, has dismissed suggestions that former Finance Minister Ken Ofori-Atta's United States citizenship could prevent his extradition to Ghana if required to face trial.
Addressing journalists at the Jubilee House on Thursday, July 30, during a briefing on the Constitution Review Committee Report, Dr Ayine said dual citizenship does not shield individuals from extradition proceedings.
Responding to a question about dual citizens under investigation who are outside the country, the Attorney General said Ghana's extradition laws apply regardless of a person's citizenship status.
"Ken Ofori-Atta was a Minister of State, our former Finance Minister. The fact that a person is an American citizen does not immunize them from extradition," he said.
"American citizens can be extradited to Ghana. The fact that it has never happened doesn't mean that it cannot happen."
Dr Ayine further stressed that holding dual citizenship does not create a legal obstacle to extradition.
"The fact that somebody is a dual citizen doesn't make it difficult, doesn't put a roadblock on the way to extradition, even if that person is not also a citizen of Ghana. They can be extradited to Ghana to stand trial," he added.
His remarks come after an immigration judge in the United States granted Mr Ofori-Atta an adjustment of status, allowing him to remain in the country.
According to the ruling, Judge David Gardey found that the former Finance Minister's personal circumstances outweighed concerns arising from criminal allegations filed against him in Ghana.
The court considered Mr Ofori-Atta's long-standing ties to the United States, including his education, professional career with financial institutions such as Morgan Stanley and Salomon Brothers, and his family connections, including a son who is a US citizen.
The judge also took into account the former minister's ongoing medical treatment, noting that his health had deteriorated following his detention over the criminal allegations.
"The court finds that the positive equities far outweigh the negative equities such that the court will exercise its discretion and grant the respondent's request for adjustment of status," Judge Gardey ruled.
Addressing Mr Ofori-Atta directly, the judge acknowledged that he had gone through a difficult period but had established sufficient grounds to remain in the United States under the adjustment process.
The Attorney General's comments suggest that despite the immigration ruling, the Ghanaian government maintains that Mr Ofori-Atta remains liable to extradition should legal processes require his return to face trial in Ghana.
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