The Office of the Special Prosecutor (OSP) has clarified that a transcript from a United States Immigration Court hearing involving former Finance Minister Ken Ofori-Atta does not determine the credibility of the criminal charges against him in Ghana.
In a public notice issued on Tuesday, July 21, the OSP said it had taken note of a transcript being circulated by some media organisations, which suggested that Mr Ofori-Atta had not been credibly charged in Ghana or had not been shown to have engaged in wrongdoing.
The anti-corruption agency, however, said it is not involved in immigration proceedings in the United States involving Mr Ofori-Atta, adding that its involvement relates to extradition proceedings being pursued through the Attorney-General, who serves as Ghana’s central authority.
“The extradition packet is not before the immigration court,” the OSP stated, explaining that the determination of the credibility of criminal charges against Mr Ofori-Atta rests with Ghanaian courts and not a US immigration court.
The OSP stressed the need to distinguish between three separate legal processes involving the former Finance Minister.
According to the office, US immigration proceedings concern only Mr Ofori-Atta’s immigration status in the United States, while extradition proceedings would determine whether he should be surrendered to Ghana under the applicable extradition treaty.
The third process, the OSP noted, is the criminal prosecution of Mr Ofori-Atta in Ghana for alleged corruption and corruption-related offences before the High Court in Accra.
The OSP further reiterated that Mr Ofori-Atta remains the subject of criminal proceedings in Ghana and that a valid warrant of arrest has been issued by the High Court, Accra.
It maintained that Mr Ofori-Atta remains a fugitive from justice in Ghana and is required to submit himself to the jurisdiction of the court to answer the charges pending against him.
“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 statement added.
The OSP’s clarification follows public discussion over proceedings involving Mr Ofori-Atta in the United States and claims surrounding the status of the criminal allegations against him in Ghana.
