The Office of the Special Prosecutor (OSP) has maintained that former Finance Minister Kenneth Nana Yaw Ofori-Atta remains liable to extradition to Ghana despite reports that he has secured lawful permanent residency in the United States.
In a statement issued on Tuesday, June 16, the anti-corruption agency stressed that Mr Ofori-Atta’s immigration status in the United States has no bearing on the criminal proceedings and investigations currently pending against him in Ghana.
The clarification follows widespread reports suggesting that a United States immigration court granted Mr Ofori-Atta permanent residency after allegedly finding that criminal charges brought against him in Ghana lacked credibility.
Rejecting that interpretation, the OSP said it was not involved in the immigration proceedings and noted that only Ghanaian courts have the authority to determine the validity of the charges and the former minister’s culpability.
“The OSP states that it is not involved in immigration hearings in the United States involving Mr. Ofori-Atta,” the agency said.
According to the Special Prosecutor’s Office, its engagement with U.S. authorities is limited to extradition proceedings being pursued through the Attorney-General, who serves as Ghana’s designated central authority in such matters.
The OSP further explained that the extradition request submitted by Ghana was not before the U.S. immigration court and therefore could not have been assessed as part of the residency determination.
It emphasised that any assessment of the criminal allegations against Mr Ofori-Atta remains the exclusive responsibility of Ghana’s judicial system.
“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 noted.
The Office also underscored that Mr Ofori-Atta continues to hold Ghanaian citizenship and could still be returned to Ghana if a competent U.S. extradition court approves the request.
“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 in the United States,” the OSP added.
The former Finance Minister faces a number of criminal allegations linked to decisions taken during his tenure in office. Among them are claims that a contract awarded to Strategic Mobilisation Limited resulted in financial losses exceeding GH¢1.4 billion to the state.
Mr Ofori-Atta is also under investigation by the OSP, which in 2025 initiated efforts to secure an INTERPOL Red Notice after he allegedly failed to honour invitations for questioning. The notice was subsequently withdrawn.
Despite developments in the United States, the OSP insists that the legal process concerning Mr Ofori-Atta remains active in Ghana and that any determination of guilt or innocence will ultimately rest with the country’s courts.
