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The Office of the Special Prosecutor (OSP) has maintained that former Finance Minister Ken Ofori-Atta remains a fugitive from justice in Ghana, stressing that a ruling by a United States immigration court does not invalidate the corruption-related charges pending against him.
The OSP’s position follows comments by U.S. Immigration Judge David Gardey, who ruled that allegations presented by the anti-corruption agency during immigration proceedings did not provide sufficient evidence of criminal wrongdoing, leading to the approval of Mr Ofori-Atta’s permanent residency application in the United States.
In a statement issued on Tuesday, July 21, the OSP clarified that its case involving Mr Ofori-Atta is separate from the U.S. immigration proceedings. The office said it is pursuing extradition processes through the Attorney-General to have the former minister return to Ghana to face charges.
The OSP explained that the immigration court’s decision has no impact on the criminal proceedings before Ghanaian courts, adding that only the courts in Ghana have the authority to determine Mr Ofori-Atta’s guilt or innocence.
According to the office, three separate legal matters are ongoing: the U.S. immigration case, extradition proceedings, and the criminal prosecution currently before the High Court in Accra.
The OSP further stated that a valid warrant of arrest issued by the High Court remains in force and Mr Ofori-Atta is required to submit himself to the court to answer the charges against him.
The anti-corruption body added that the criminal case will continue in accordance with Ghana’s laws and the directives of the court, whether or not the former minister is physically present in the country.
Story by Efua Nessa