Private legal practitioner Amanda Clinton has stated that reports suggesting former Finance Minister Kenneth Nana Yaw Ofori-Atta has secured permanent residency in the United States do not place him beyond the reach of Ghanaian authorities, although they may complicate ongoing efforts to extradite him to face criminal charges.

Speaking on the implications of the reported Green Card approval, Ms Clinton, Head of Chambers of Clinton Consultancy law firm, explained that permanent resident status in the United States does not confer immunity from extradition proceedings where applicable treaties exist between countries.

Her comments on JoyFM’s Top Story on Tuesday, June 16, follow a growing public debate about reports that Mr Ofori-Atta had obtained permanent residency in the United States while facing criminal charges filed by Ghana's Office of the Special Prosecutor (OSP).

According to Ms Clinton, the former Finance Minister's new immigration status may strengthen aspects of his legal defence but does not automatically prevent his surrender to Ghanaian authorities should extradition proceedings succeed.

“First and foremost, his green card does not create immunity. You know, even a US citizen may be extradited where the relevant treaty permits,” she said.

She noted that while the development could make Ghana's efforts to secure his return more difficult, it does not extinguish the legal process.

“Harder, yes, because his application will be strengthened by humanitarian, political persecution or discretionary arguments,” she explained.

Extradition remains possible

Ms Clinton emphasised that under the US legal system, the ultimate decision on whether a person is extradited does not rest solely with the courts.

“But ultimately, the final decision to surrender him lies with the US Secretary of State,” she noted.

The lawyer explained that American authorities would likely consider a range of factors, including humanitarian concerns and allegations of political persecution, before determining whether to approve any extradition request.

However, she stressed that even American citizens are not automatically protected from extradition where treaty obligations apply.

“If even a US passport holder can be extradited where the relevant treaty permits, then he can likewise be extradited lawfully,” she added.

OSP case is still active

The comments come as the OSP continues efforts to secure Mr Ofori-Atta's return to Ghana to answer criminal charges arising from investigations into a number of transactions undertaken during his tenure as Finance Minister.

The anti-corruption agency has initiated legal processes aimed at extraditing the former minister and has repeatedly maintained that he remains subject to Ghanaian jurisdiction.

The OSP recently clarified that reports linking his immigration status in the United States to the merits of the criminal case were misleading, insisting that the credibility of the charges can only be determined by Ghanaian courts.

According to the OSP, Mr Ofori-Atta remains a Ghanaian citizen and is still amenable to extradition if a competent court authorises such action.

Persecution argument

Ms Clinton, however, suggested that the former minister's legal team could seek to rely heavily on claims of political persecution in resisting extradition.

She argued that the intense public attention surrounding the case, coupled with extensive media coverage, could potentially provide material for such a defence.

“His arguments can still centre around persecution, that look, these aren't genuine charges, it was a change of government, they're looking for scapegoats to fulfil their ORAL (Operation Recover All Loot (ORAL) mission,” she said.

The legal practitioner noted that proving persecution is often difficult, but added that the volume of media reports and public commentary surrounding the case could be cited by defence lawyers in support of their claims.

“Depending on what side you're on, you can argue either case, but I do think he has a very strong case to mount a defence of persecution, just because of the level of headlines, and print and online articles, painting him a villain before he's actually been fully processed,” she stated.

Sovereignty argument

Addressing what legal strategy Ghana could adopt, Ms Clinton said Ghanaian authorities would need to emphasise the legitimacy of the charges and the country's sovereign right to prosecute alleged offences committed within its jurisdiction.

She said prosecutors would likely have to demonstrate that the offences cited by the OSP are recognised criminal offences comparable to those prosecuted in the United States and that the charges were properly brought under Ghanaian law.

“I guess it would be for Ghana to further establish our sovereignty in terms of these are the sorts of charges that are similar in the US in terms of a similar type of offence. And if we have sovereignty, then it means that we can charge whom we want,” she said.