The Office of the Special Prosecutor (OSP) has dismissed suggestions that proceedings before a United States immigration court have weakened the criminal case against former Finance Minister Kenneth Nana Yaw Ofori-Atta, saying only Ghanaian courts have the authority to determine the validity of the charges against him.
The clarification follows media reports citing a purported transcript of proceedings before a U.S. Immigration Court in Virginia, which suggested an immigration judge found insufficient credible evidence linking Ofori-Atta to criminal wrongdoing in Ghana.
In a statement issued on Tuesday, the OSP said the reports created the false impression that Ofori-Atta “has not been credibly charged in Ghana or credibly shown to have engaged in any wrongdoing in Ghana.”
The anti-corruption agency said it is not a party to the former minister’s immigration proceedings in the United States and that its role is limited to extradition proceedings 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.
Three separate legal processes
The OSP said the U.S. immigration proceedings have no impact on the criminal prosecution pending before the High Court in Accra.
It explained that the credibility of the charges against Ofori-Atta is a matter solely for Ghanaian courts.
“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,” the Office said.
According to the OSP, public discussions have confused three separate legal processes: U.S. immigration proceedings concerning Ofori-Atta’s immigration status, extradition proceedings that would determine whether he should be returned to Ghana under the applicable treaty, and the criminal case currently before the High Court in Accra.
Arrest warrant remains valid
The OSP reiterated that Ofori-Atta remains the subject of criminal proceedings in Ghana and that the arrest warrant issued by the High Court is still in force.
“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,” the statement said.
The Office said the former finance minister is required to submit himself to the jurisdiction of the High Court to answer the charges against him.
It added 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 OSP said.
The statement marks the OSP’s first official response since reports emerged that a U.S. immigration judge had questioned the evidential basis of allegations presented during proceedings related to Ofori-Atta’s application for permanent residency in the United States.
