The Office of the Special Prosecutor (OSP) has clarified that a transcript from a United States immigration court hearing involving former Finance Minister Kenneth Nana Yaw Ofori-Atta does not determine the credibility of the criminal charges pending against him in Ghana.
In a public notice, the OSP said it had taken note of the hearing transcript being circulated by some media organisations, which suggests that Mr. Ofori-Atta had not been credibly charged or shown to have engaged in wrongdoing in Ghana.
The Office stressed that it is not involved in the US immigration proceedings concerning Mr. Ofori-Atta and reiterated that its role is limited to the extradition process being pursued through Ghana’s Attorney-General as the central authority.
According to the OSP, the extradition documents are not before the US immigration court, and the question of whether the charges against Mr. Ofori-Atta are credible can only be determined by the courts in Ghana.
“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.”
The Special Prosecutor further explained that there are three distinct legal proceedings involving the former Finance Minister.
These include the US immigration proceedings concerning his immigration status, potential extradition proceedings to determine whether he should be returned to Ghana under the applicable treaty, and the criminal prosecution currently before the High Court in Accra on corruption and corruption-related charges.
The OSP maintained that Mr. Ofori-Atta remains the subject of ongoing criminal proceedings in Ghana and is wanted under a valid warrant issued by the High Court.
“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. He is required to submit himself to the jurisdiction of the High Court, Accra, to answer the criminal charges pending against him.”
The Office added that the criminal proceedings would continue in accordance with the law and the directives of the High Court, regardless of whether Mr. Ofori-Atta is physically present in Ghana.
“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.”
Reiterating its position, the OSP stated that the former Finance Minister remains a fugitive from justice and is required to appear before the High Court to answer the charges against him.
“Mr. Ofori-Atta remains the subject of criminal proceedings in Ghana, and there exists a valid warrant of arrest issued by the High Court, Accra. Mr. Ofori-Atta remains a fugitive from justice in Ghana, and he is required to submit himself before the High Court in Ghana to answer the criminal charges against him.”
