Private legal practitioner Martin Kpebu has introduced a fresh twist to the ongoing saga involving former Finance Minister Ken Ofori-Atta, alleging that the embattled politician is actively seeking to trade his Ghanaian citizenship for permanent residency in the United States.

Mr Kpebu’s claims come as Mr Ofori-Atta remains in the custody of U.S. Immigration and Customs Enforcement (ICE) at the Caroline Detention Facility in Virginia.

While Mr Ofori-Atta’s lawyers have attributed his Tuesday, January 6, detention to a "procedural adjustment of status," Mr Kpebu asserts that this is a calculated attempt to secure a permanent haven and complicate his extradition to face multiple corruption charges in Accra.

Speaking in an interview on TV3, Mr Kpebu noted that the technical language used by Mr Ofori-Atta’s legal firm, Minkah-Premo, Osei-Bonsu, Bruce-Cathline and Partners (MPOBB), essentially confirms his long-held suspicions.

“The lawyers admit that Ofori-Atta has a pending petition before the immigration authorities of the US to adjust his status in the US. That phrase, 'to adjust his status in the US', is the part of it that says that he's applied to change so he wants to become a permanent resident. That's why he has a pending petition to adjust his status — a pending petition for permanent residence,” Mr Kpebu explained.

The lawyer further revealed that the residency bid is being facilitated by Mr Ofori-Atta’s son, who holds American citizenship—a detail Mr Kpebu says he has been aware of for months despite public scepticism.

“I mentioned earlier that the information I got about two months ago was that his son had applied for him to become a permanent resident. So the son is a citizen of the US, and he has applied for Ofori-Atta to become a permanent resident. I know it takes some time, and that's the process that he's going through. Yes, if you're a citizen of the US, you can file for your father, or you can file for your mother, but it takes some time, and that's what he's going to do.”

The outspoken lawyer expressed satisfaction that the recent public notices from Mr Ofori-Atta’s team have finally validated his earlier disclosures, which were initially met with doubt from both political actors and the public.

“So I'm happy that you see the lawyers have corroborated it somewhat. As I said a few months ago, about two months ago, when I first mentioned it, people were asking for my source, and even some others doubted it.”

Mr Kpebu warned that gaining "permanent resident" status would significantly elevate Mr Ofori-Atta’s legal standing in the U.S., making him harder to deport or extradite than a standard visitor.

He argued that the former minister is seeking the robust protections afforded to Green Card holders to insulate himself from the 78-count indictment he faces at home, which includes charges of conspiracy to influence procurement and causing financial loss in the SML revenue scandal.

“So, from the name ‘permanent resident’, it means that he will be a permanent resident in the US. Of course, he can travel freely. I mean, he can travel anywhere he wants to go and come back freely, which is better than those who use the B1 and B2 visas... When you are a permanent resident, it gives you more rights in American society, etc., rather than going on a visitor's or business trip visa.”

A major part of Mr Kpebu’s critique was directed at the Office of the Special Prosecutor (OSP).

He argued that the state's reluctance to pursue a trial in absentia in early 2025 allowed Mr Ofori-Atta a one-year window to explore international residency options.

By failing to act decisively when Mr Ofori-Atta first left the jurisdiction, Mr Kpebu claims the OSP has unintentionally aided the former minister's efforts to remain abroad.

"The OSP came and gave us ridiculous, ludicrous answers, that no, you cannot do a trial in absentia. Eleven months! The fugitives, as described, are not in the country, obviously. So the trial is going to go on," he fumed, asserting that the delay will now make it "more difficult to get him back into Ghana to face justice."

As of today, Saturday, January 10, Mr Ofori-Atta remains in U.S. custody as his legal team battles to block deportation while simultaneously pursuing his residency through the family sponsorship petition.