Ghana’s legal framework for extradition is anchored in the Extradition Act of 1960, complemented by various bilateral treaties with other nations.
This framework empowers the country to request the return of individuals who are either accused or convicted of crimes committed beyond its borders.
In the case of former Finance Minister Ken Ofori-Atta, Ghana’s Special Prosecutor, Kissi Agyebeng, has initiated two major steps aimed at securing his return:
1. Issuance of an Interpol Red Notice
An Interpol Red Notice is not an international arrest warrant. Rather, it is a formal request to global law enforcement agencies to locate and provisionally arrest a wanted person, pending extradition.
By issuing this notice, Interpol places Mr. Ofori-Atta on the radar of police forces worldwide, restricting his ability to travel freely. His movements are now subject to scrutiny and potential arrest wherever he is found.
2. Institution of Extradition Proceedings
Once Mr. Ofori-Atta is located, Ghana can trigger the formal extradition process. This begins with a diplomatic request to the host country — the nation where he is found.
However, extradition isn’t automatic. The host country’s courts will assess the request based on several legal standards, the most critical of which is the principle of double criminality. This means the alleged offense must be considered a crime in both Ghana and the host country.
Background
The Office of the Special Prosecutor (OSP) has once again declared former Finance Minister Ken Ofori-Atta a wanted person after he failed to appear in person before the office as directed.
The Special Prosecutor, Kissi Agyebeng, in a stern notice issued on Monday, June 2, stated that its patience with Mr. Ofori-Atta has run out, following what it describes as repeated delays and noncompliance with ongoing criminal proceedings against him.
