The Office of the Special Prosecutor (OSP) has maintained that former Finance Minister Ken Ofori-Atta remains a fugitive from justice in Ghana, despite claims emerging from a United States immigration court proceeding that no evidence of criminal wrongdoing had been presented before the court.
In a statement issued on July 21, the OSP said the US immigration proceedings involving Mr. Ofori-Atta should not be confused with Ghana’s ongoing criminal case and extradition process.
According to the anti-corruption agency, an immigration court in the United States does not have jurisdiction to determine whether the corruption-related charges filed against Mr. Ofori-Atta in Ghana are credible or whether he is guilty or innocent.
This comes after a U.S. immigration judge ruled that Ghana’s Office of the Special Prosecutor (OSP) failed to produce a shred of persuasive evidence that former Finance Minister Kenneth Ofori-Atta committed any crime. This is despite a more than 200-page affidavit and over 70 charges filed against him in Ghana.
Immigration Judge David Gardey delivered the finding from the bench on June 15, 2026, at the Annandale Immigration Court, at the close of a contested hearing in which the Department of Homeland Security argued Ofori-Atta should be denied relief in the U.S.
The OSP said it had taken note of a purported transcript of proceedings from a US Immigration Court involving Mr. Ofori-Atta, which it said suggest that Ghanaian authorities have failed to provide evidence of corruption by Ofori-Atta.
The anti-corruption body clarified that it is not involved in any immigration proceedings in the United States concerning Mr. Ofori-Atta, stressing that its role relates specifically to extradition proceedings being pursued through the Attorney-General.
The OSP explained that the extradition request submitted by Ghana is not before the US Immigration Court, and that the credibility of criminal charges against Mr. Ofori-Atta can only be determined by Ghanaian courts with jurisdiction over the matter.
According to the OSP, three separate legal processes involving the former Finance Minister must be distinguished: US immigration proceedings, which concern his immigration status; extradition proceedings, which will determine whether he should be surrendered to Ghana; and the criminal trial in Ghana, where he faces corruption-related charges before the High Court in Accra.
The OSP reiterated that Mr. Ofori-Atta remains subject to criminal proceedings in Ghana and that a valid warrant of arrest has been issued by the High Court.
The office maintained that the former Finance Minister “remains a fugitive from justice in Ghana” who is “required to submit himself to the jurisdiction of the High Court, Accra, to answer the criminal charges pending against him.”
The OSP said 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.
OSP noted that 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,” the statement concluded.
The statement follows public discussion over proceedings involving Mr. Ofori-Atta in the United States, with the OSP insisting that immigration matters should not be confused with the ongoing criminal case and extradition process.
No evidence from OSP showing Ofori-Atta committed any crime – US Judge
