The Office of the Special Prosecutor (OSP) has dismissed claims that a reported decision by a United States immigration court granting former Finance Minister Kenneth Nana Yaw Ofori-Atta permanent residency amounts to a vindication of the criminal charges he faces in Ghana.
In a statement issued on Tuesday, June 16, the anti-corruption agency said it had taken note of media reports and assertions attributed to a Ghanaian law firm suggesting that Mr Ofori-Atta had been granted a US Green Card after an immigration court allegedly found the criminal charges against him to be lacking credibility.
The OSP, however, said such interpretations are misleading.
According to the Office, it had no involvement in the immigration proceedings in the United States and any conclusions being drawn about the merits of the criminal case in Ghana are unfounded.
The agency explained that its current role regarding the former Finance Minister is limited to efforts to secure his return to Ghana through extradition proceedings being pursued by the Attorney-General, who serves as the designated central authority under relevant international arrangements.
The OSP stressed that the extradition request submitted by Ghanaian authorities was not before the US immigration court and therefore could not have formed the basis of any ruling on the validity of the charges pending against Mr Ofori-Atta.
“The credibility or otherwise of the criminal charges against Mr Ofori-Atta would be determined by the courts in Ghana, who have jurisdiction to determine his guilt or innocence,” the statement said.
Extradition Process Ongoing
The clarification comes amid growing public interest in the legal proceedings involving the former Finance Minister, who remains the subject of an ongoing criminal prosecution initiated by the OSP.
The anti-corruption body maintained that despite reports about his immigration status in the United States, Mr Ofori-Atta remains a Ghanaian citizen and is still subject to Ghanaian law.
“Mr Ofori-Atta still remains a citizen of Ghana and he is still amenable to be extradited to Ghana if so decided by the extradition court,” the Office stated.
The OSP indicated that any immigration benefits granted to the former minister in the United States do not automatically exempt him from legal processes initiated by Ghanaian authorities.
Criminal Charges Still Before the Courts
Mr Ofori-Atta is currently facing criminal proceedings arising from OSP investigations into several high-profile transactions undertaken during his tenure as Finance Minister.
The Special Prosecutor’s Office had previously declared him wanted and later initiated legal processes to secure his return to Ghana, alleging that he failed to honour invitations to assist with ongoing investigations.
The case forms part of the OSP’s broader anti-corruption agenda, which has seen a number of public sector transactions come under scrutiny.
While Mr Ofori-Atta has consistently denied any wrongdoing, the OSP has maintained that the allegations must be tested through the judicial process.
Ghanaian Courts Have Final Say
The OSP said its latest statement was intended to address public misconceptions arising from reports linking Mr Ofori-Atta’s US immigration status to the criminal case pending against him in Ghana.
According to the Office, questions of criminal liability can only be determined by Ghanaian courts through due process and within their jurisdiction.
The agency reaffirmed its commitment to pursuing all lawful avenues available under both Ghanaian and international law to ensure that the former Finance Minister answers to the charges brought against him.