A private legal practitioner Martin Kpebu has criticised the remarks made by a United States immigration judge regarding the criminal case involving former Finance Minister Ken Ofori-Atta, describing the comments as an overreach that undermines Ghana’s legal system.
Speaking to Alfred Ocansey on TV3’s Ghana Tonight on Tuesday, 21st July 2026, Kpebu said the US immigration judge exceeded his mandate by making detailed observations about the merits of charges filed by Ghana’s Office of the Special Prosecutor (OSP).
The comments follow a ruling by the US immigration judge in proceedings involving Ofori-Atta’s immigration status. In his ruling, the judge questioned the corruption allegations against the former Finance Minister and stated that the charges, as presented, did not demonstrate evidence of corruption. The judge also made observations on the wording of the charges contained in the OSP’s case.
Kpebu argued that although the judge was entitled to make general observations, he went too far by drawing conclusions on matters that are yet to be determined by a Ghanaian court.
According to him, “the judge failed to appreciate that under Ghana’s criminal procedure, evidence is not contained in a charge sheet but is presented during the trial through witness testimony and other admissible evidence.”
He explained that a charge sheet sets out the offences alleged and the material facts supporting those allegations, while the prosecution’s evidence is led during the trial.
Kpebu further stated that “the prosecution intends to present evidence concerning the alleged relationship between Ken Ofori-Atta and Evans Kyei-Mensah, a director of Strategic Mobilisation Ghana Limited (SML), as part of the proceedings before the Ghanaian courts.”
He also questioned why an immigration court would make detailed findings on criminal charges when the extradition request itself was not before that court.
Kpebu stressed that “Ghana’s legal system is based largely on the British common law tradition and differs from the American legal system.”
He said the fact that Ghana may have to satisfy American procedural requirements in pursuing extradition does not make the US legal process the standard by which Ghana’s criminal procedure should be judged.
He further noted that Ghana has consistently honoured extradition requests from the United States based on mutual legal trust without requiring American prosecutors to present all their evidence before Ghanaian courts at the extradition stage.
According to him, the same respect and judicial comity should be extended to Ghana’s legal processes.
Kpebu maintained that his position was not influenced by politics or his personal views about the former Finance Minister but by what he believes is in Ghana’s long-term national interest.
Meanwhile, the Office of the Special Prosecutor (OSP) has maintained that Ken Ofori-Atta remains a wanted fugitive from justice after failing to honour lawful directives to appear before the OSP in connection with multiple ongoing corruption-related investigations. The OSP has also challenged the jurisdiction of the US immigration court to make substantive findings on the criminal case, arguing that the extradition request was not before that court.
The criminal proceedings against Ken Ofori-Atta remain pending in Ghana, while efforts by the Office of the Special Prosecutor to secure his return continue through the applicable legal processes.
By Julius Blay
