The Attorney-General and Minister for Justice, Dr. Dominic Ayine, has made it clear that Ghana cannot initiate formal extradition proceedings against
The Attorney-General and Minister for Justice, Dr. Dominic Ayine, has made it clear that Ghana cannot initiate formal extradition proceedings against former Finance Minister Ken Ofori-Atta until a complete investigative docket is submitted by the appropriate authorities.
Speaking at the Government Accountability Series in Accra, Dr. Ayine explained that extradition, especially when dealing with the United States, follows strict international legal procedures that require an airtight case supported by charges and detailed documentation.
“When doing extradition, you cannot request unless you have a solid case — a docket that has been built. And in the case of the Americans, the practice is for you to have filed charges,” Dr. Ayine emphasized.
He further disclosed that the Attorney-General’s Department is still awaiting the investigative docket from the relevant bodies, stressing that without it, his office is legally restrained from making any formal request to the U.S. authorities.
“Without a docket, we cannot make the request. So we are still waiting for the docket. That is all I can say for now,” he added.
The Attorney-General’s clarification comes amid increasing public scrutiny over the stalled extradition of the former minister, who has been living in the United States since early this year following multiple corruption-related investigations initiated by the Office of the Special Prosecutor (OSP).
Background to the Ofori-Atta Case
The OSP began probing Ofori-Atta in early 2025 for alleged procurement irregularities, corruption, and abuse of office during his tenure as Finance Minister from 2017 to 2024.
The investigations were reportedly tied to controversial financial transactions, including the management of Ghana’s Eurobond proceeds and revenue assurance contracts linked to Strategic Mobilisation Ghana Limited (SML).
According to the OSP, the former minister fled the country in January 2025 after being invited for questioning.
In May 2025, a judicial warrant was issued for his arrest, and by June, his name was placed on INTERPOL’s Red Notice list, effectively marking him as a fugitive wanted by law enforcement agencies worldwide.
The OSP subsequently triggered extradition procedures through the Chief of Staff’s office in June, formally forwarding a request to the Attorney-General’s Department for onward transmission to U.S. authorities.
OSP and A-G Clash Over Procedur
However, the process soon became the subject of inter-agency tension. Deputy Attorney-General, Dr. Justice Srem-Sai, recently alleged on GHOne TV that the OSP had failed to hand over the required docket despite “several written requests” from the Attorney-General’s Department.
“We are the only authority that can make an extradition request. But to do that, we need an investigative docket from the OSP, complete with evidence and charges. As of today, we still do not have it,” Dr. Srem-Sai stated.
His remarks suggested that the delay in extraditing Ofori-Atta was due to the OSP’s non-cooperation.
In a swift rebuttal on October 20, the OSP issued a strongly worded statement describing the Deputy A-G’s claims as “misleading” and potentially damaging to public confidence in the justice system.
The anti-corruption agency clarified that it had already initiated the extradition process and was still finalizing its expanded investigative docket following new evidence retrieved from the SML operation in June.
The OSP also condemned what it described as the “unauthorized leak” of classified correspondence between its office, the Chief of Staff, and the Attorney-General, which had surfaced on social media.
It warned that the leak endangered both national security and the integrity of the ongoing probe.
“The OSP confidently states that the leakage of official documents did not arise from its end,” the statement read, dismissing claims of obstruction.
Cooperation or Conflict?
Despite the apparent rift, Dr. Ayine attempted to downplay suggestions of an institutional standoff, insisting that his office continues to collaborate with the OSP but must strictly adhere to due process.
“I respect the autonomy of the Office of the Special Prosecutor, but we in the Attorney-General’s Department cannot begin an extradition request with a bare letter. We need the evidence to be able to do so,” he noted.
The OSP also maintained that there was no conflict, describing the two offices as “distinct but complementary” institutions within Ghana’s justice architecture.
“Differences in function do not imply conflict; they ensure accountability through procedural checks and balances,” the OSP asserted.
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