US Immigration Judge Questions OSP Evidence Against Ken Ofori-Atta; OSP Insists Ghana Case Remains Active

A United States immigration judge has ruled that the Office of the Special Prosecutor (OSP) did not present sufficiently credible evidence of criminal wrongdoing against former Finance Minister Kenneth Nana Yaw Ofori-Atta during proceedings relating to his U.S. immigration status.

According to reports from the U.S. proceedings, the judge found that the evidence presented failed to establish a credible basis for criminal wrongdoing, a decision that has sparked widespread public debate in Ghana. (CitiNewsroom.com)

However, the Office of the Special Prosecutor has strongly rejected claims that the U.S. court dismissed or invalidated the corruption-related case against the former Finance Minister.

In a statement issued on Monday, the OSP clarified that the proceedings before the U.S. immigration court were not criminal or extradition proceedings and therefore could not determine the validity of the criminal allegations pending in Ghana. (Asaaseradio.com)

According to the OSP, three separate legal processes are currently involved in Mr. Ofori-Atta’s case:

• U.S. immigration proceedings concerning his immigration status.
• Extradition proceedings in the United States to determine whether he should be returned to Ghana.
• Criminal proceedings before the Ghanaian courts, where the allegations against him will ultimately be determined. (Asaase Radio)

The Special Prosecutor stressed that only Ghanaian courts have the legal authority to determine whether Mr. Ofori-Atta is guilty or innocent of the corruption-related offences under investigation.

The Office further maintained that the former Finance Minister remains the subject of active extradition proceedings initiated by the Government of Ghana and continues to be wanted to answer charges in relation to several investigations, including matters involving Strategic Mobilisation Ghana Limited (SML), the National Cathedral project, the procurement of ambulances, the ECG-BXC contract, and payments from the Ghana Revenue Authority’s Tax Refund Account. (OSP Website⁠)

The latest developments have generated mixed reactions among legal analysts and the public. While some view the U.S. judge’s observations as a setback for the OSP’s case, others note that the ruling was made within the context of U.S. immigration law and does not amount to a determination of the criminal allegations pending before Ghanaian courts.

As the extradition process continues, attention is expected to shift to both the U.S. courts handling Ghana’s extradition request and the proceedings awaiting Mr. Ofori-Atta in Ghana.