The Office of the Special Prosecutor (OSP) has maintained that former Finance Minister Ken Ofori-Atta remains a fugitive from justice in Ghana.

The office insists that the recent ruling by a United States immigration court has no bearing on the criminal charges pending against him before the Ghanaian courts.

The clarification follows comments by US Immigration Judge David Gardey during immigration proceedings, in which he said allegations presented by the OSP lacked credible evidence of criminal wrongdoing for the purposes of the immigration case, leading to the approval of Mr Ofori-Atta's application for permanent residency.

In a statement issued on Tuesday, July 21, the OSP said the proceedings before the US immigration court were distinct from the extradition process being pursued through Ghana's Attorney-General and did not determine the validity of the criminal charges against the former minister.

"The OSP reiterates that the extradition packet is not before the immigration court. The credibility or otherwise of the criminal charges against Mr Ofori-Atta is a matter for determination by the courts in Ghana, which have jurisdiction to determine his guilt or innocence," the statement said.

The anti-corruption agency explained that three separate legal processes are currently underway: the US immigration proceedings relating to Mr Ofori-Atta's immigration status, extradition proceedings to determine whether he should be returned to Ghana, and the criminal prosecution before the High Court in Accra.

The OSP stressed that a valid warrant for Mr Ofori-Atta's arrest remains in force and that he is required to appear before the High Court in Accra to answer the charges filed against him.

"Mr Ofori-Atta remains a fugitive from justice in Ghana, and he is required to submit himself to the jurisdiction of the High Court, Accra, to answer the criminal charges pending against him," the Office stated.

It added that the criminal proceedings would continue in accordance with Ghana's laws and the directives of the High Court, irrespective of whether the former minister is physically present in the country.