OSP Clarifies: Green Card Decision Does Not Exonerate Ofori-Atta from Charges

The Office of the Special Prosecutor (OSP) has dismissed suggestions that a reported decision by a United States immigration court granting former Finance Minister Kenneth Nana Yaw Ofori-Atta permanent residency amounts to a vindication of the criminal charges brought against him in Ghana.

In a statement issued on Tuesday, June 16, the anti-corruption agency said it had taken note of media reports and claims attributed to a Ghanaian law firm that Mr Ofori-Atta had secured a United States Green Card after an immigration court allegedly found the criminal charges filed against him by the OSP to be lacking credibility.

The OSP, however, clarified that it played no role in the immigration proceedings in the United States and that any conclusions being drawn regarding the merits of the criminal case in Ghana were misplaced.

According to the OSP, its current involvement concerning the former Finance Minister relates solely to efforts to secure his return to Ghana through extradition proceedings being pursued by the Attorney-General, acting as the designated central authority under applicable international arrangements.

The OSP states that it is not involved in immigration hearings in the United States involving Mr. Ofori-Atta.

It explained that the extradition request submitted by Ghanaian authorities was not before the US immigration court and therefore could not have been the basis for any determination regarding the validity or otherwise of the charges pending against the former minister.

“The credibility or otherwise of the criminal charges against Mr. Ofori-Atta would be determined by the courts in Ghana, who have jurisdiction to determine his guilt or innocence,” the Office stressed.

Extradition efforts continue

The clarification comes amid heightened public interest in the legal battle involving Mr Ofori-Atta, who has become the subject of an ongoing criminal prosecution initiated by the OSP.

The anti-corruption body has maintained that despite reports of his immigration status in the United States, the former Finance Minister remains a Ghanaian citizen and continues to be subject to the laws of Ghana.

“Mr. Ofori-Atta still remains a citizen of Ghana and he is still amenable to be extradited to Ghana if so decided by the extradition court,” the statement added.

The OSP’s comments suggest that any immigration benefits granted to Mr Ofori-Atta in the United States do not automatically shield him from legal processes initiated by Ghanaian authorities.

Pending criminal case

The former Finance Minister is currently facing criminal proceedings initiated by the OSP following investigations into a number of high-profile transactions undertaken during his tenure as Finance Minister.

The OSP has previously declared Mr Ofori-Atta wanted and subsequently commenced legal processes aimed at securing his return to Ghana after alleging that he had failed to honour invitations to assist with investigations.

The charges form part of a broader anti-corruption drive being pursued by the Special Prosecutor’s Office, which has identified several public sector transactions for scrutiny.

While Mr Ofori-Atta has consistently denied wrongdoing, the OSP has maintained that the allegations must be tested before the courts.

Jurisdiction rests with Ghanaian courts

The latest statement appears intended to correct public misconceptions that may have arisen from reports linking the former minister’s immigration status in the United States to the substantive criminal case pending in Ghana.

The OSP emphasised that the question of criminal liability remains exclusively within the jurisdiction of Ghanaian courts and can only be resolved through due judicial process.

The Office reaffirmed its commitment to pursuing all lawful avenues available under Ghanaian and international law to ensure that the former Finance Minister responds to the charges brought against him.