Audio By Carbonatix
The Office of the Special Prosecutor (OSP) has firmly rejected suggestions that a United States immigration court has undermined the criminal case against former Finance Minister Kenneth Nana Yaw Ofori-Atta, insisting that only Ghanaian courts have the jurisdiction to determine the validity of the charges pending against him.
The clarification comes after media reports circulated a purported transcript of proceedings before a US Immigration Court in Virginia, which suggested that an immigration judge found insufficient credible evidence linking Mr Ofori-Atta to criminal wrongdoing in Ghana.
Read Also: US Immigration Judge says OSP allegations against Ofori-Atta lack credible evidence.
In a public notice issued on Tuesday, July 21, the OSP said the reports had created the misleading impression that the former minister "has not been credibly charged in Ghana or credibly shown to have engaged in any wrongdoing in Ghana."
The anti-corruption agency stressed that it is not a party to Mr Ofori-Atta's immigration proceedings in the United States and that its involvement is limited to the extradition process being pursued through Ghana's Attorney-General.
"The OSP stated on 16 June 2026 that it is not involved in immigration hearings in the United States involving Mr Ofori-Atta, and that the OSP's involvement relates to extradition proceedings against Mr Ofori-Atta through the Attorney-General, as the central authority," the statement said.
The Office further maintained that the immigration proceedings in the United States have no bearing on the criminal charges pending before the High Court in Accra.
"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. Such matters are not determined by an immigration court in the United States."
According to the OSP, public discussion of the case has conflated three legally distinct processes, each governed by different laws and jurisdictions.
It identified these as United States immigration proceedings, which concern Mr Ofori-Atta's immigration status; extradition proceedings in the United States, which would determine whether he should be surrendered to Ghana under the applicable treaty; and the criminal prosecution currently before the High Court in Accra.
The Office reiterated that Mr Ofori-Atta remains wanted by the Ghanaian courts.
"The OSP reiterates that Mr Ofori-Atta remains the subject of criminal proceedings in Ghana, which are before the High Court, Accra. A valid warrant of arrest has been issued by the High Court, Accra, and Mr Ofori-Atta remains a fugitive from justice in Ghana."
It added that the former Finance Minister is required to submit himself to the jurisdiction of the High Court to answer the charges against him.
The OSP also stressed that the criminal proceedings in Ghana would continue regardless of developments in the United States.
"The criminal proceedings in Ghana shall continue in accordance with applicable law and the directives of the High Court, Accra, whether or not Mr. Ofori-Atta is present in Ghana."
The Office concluded by reaffirming that Mr Ofori-Atta remains the subject of ongoing criminal proceedings and that the arrest warrant issued against him by the High Court remains valid.
The statement is the OSP's first official response since reports emerged that a US Immigration Judge had questioned the evidential basis of the allegations presented in proceedings relating to Mr Ofori-Atta's application for permanent residency in the United States.
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