A US-based immigration lawyer has clarified that while the United States government may cooperate with Ghana on extradition requests, the final decision on whether former Finance Minister Ken Ofori-Atta is returned to Ghana rests with the US courts.

Speaking on Joy FM’s Top Story on Wednesday, the legal practitioner, Jonelle Ocloo, explained that deportation and extradition are two distinct legal processes under US law and can proceed independently or in parallel.

Her comments follow remarks by Ghana’s Minister for Foreign Affairs, Samuel Okudzeto Ablakwa, who said the United States government has assured Ghana that it will not stand in the way of the extradition of Mr Ofori-Atta and former MASLOC Chief Executive Officer, Sedinam Tamakloe Attionu, as part of ongoing bilateral cooperation.

Mr Ofori-Atta was detained by the United States Immigration and Customs Enforcement (ICE) in January 2026 following the revocation of his visa, amid a formal extradition request by Ghana linked to corruption and procurement-related charges filed by the Office of the Special Prosecutor (OSP).

He remains in ICE custody as legal proceedings on his immigration status and extradition continue.

Ms Ocloo explained that Mr Ofori-Atta’s detention by ICE is primarily linked to his immigration status rather than the criminal allegations in Ghana.

“In this case, his visa has been cancelled, and that is why ICE picked him up. Deportation is a civil process. It has nothing to do with criminal charges. If someone no longer has a valid visa and no other legal basis to remain in the United States, they can be deported.”

However, she noted that extradition is a far more complex process that requires judicial scrutiny.

“When it comes to extradition, he must go before a US federal court. A judge must hear the charges Ghana is bringing forward and determine whether there is probable cause,” Ms Ocloo explained.

According to her, only after a US federal judge is satisfied that the legal threshold has been met can an order be issued for Mr Ofori-Atta to be extradited to Ghana to face the charges.

She also acknowledged that cooperation between the Ghanaian and US governments is likely, but stressed that such cooperation does not override the independence of the judiciary.

“To some extent, yes, there is cooperation between the two governments. But the judge here in the United States has the final say on extradition,” she said.

Ms Ocloo added that Mr Ofori-Atta’s legal team is expected to vigorously challenge the extradition request.

“He has a very robust team of lawyers, and they will bring forward every possible defence to prevent extradition,” she noted.