The Office of the Special Prosecution (OSP) and the Mahama administration have mounted a strong defence of the criminal prosecution of former Finance
The Office of the Special Prosecution (OSP) and the Mahama administration have mounted a strong defence of the criminal prosecution of former Finance Minister Ken Ofori-Atta following the emergence of a United States Immigration Court ruling that questioned the evidentiary basis of the corruption allegations against him during immigration proceedings in Virginia.
The National Democratic Congress government’s response comes days after transcripts of proceedings before the Annandale Immigration Court surfaced, indicating that Immigration Judge David A. Gardey granted Ofori-Atta’s application for adjustment of status to lawful permanent residency after concluding, within the context of the immigration case, that the evidence presented before the court did not credibly establish criminal wrongdoing by the former Finance Minister.
The immigration ruling immediately sparked political and legal debate in Ghana, with supporters of Ofori-Atta describing it as a major vindication after nearly eighteen months of investigations, criminal charges, an INTERPOL Red Notice, extradition proceedings and immigration detention in the United States.
However, the OSP has dismissed suggestions that the American ruling undermines the criminal proceedings pending before the High Court in Accra.
In a public notice issued on July 21, the anti-corruption agency stated that media reports had created a false impression that Ofori-Atta had been cleared of all wrongdoing and could no longer be prosecuted in Ghana.
According to the OSP, the United States Immigration Court was never called upon to determine the criminal case pending in Ghana and therefore had no jurisdiction to pronounce on the validity of charges filed before a Ghanaian court.
The Office emphasized that it was not a party to Ofori-Atta’s immigration proceedings in Virginia. Instead, it explained that its involvement in the United States is limited to extradition proceedings being pursued through the Attorney-General, who serves as the central authority under the applicable extradition arrangements between the two countries.
“The OSP stated on 16 June 2026 that it is not involved in immigration hearings in the United States involving Mr. Ofori-Atta and that its involvement relates only to extradition proceedings through the Attorney-General,” the Office stated.
It further stressed that three entirely different legal processes are currently taking place and should not be confused.
According to the Special Prosecutor, the first concerns Ofori-Atta’s immigration status in the United States, the second relates to the request for his extradition under international treaty obligations, while the third involves the substantive criminal prosecution already pending before the High Court in Accra.
The OSP maintained that only the Ghanaian courts possess the constitutional authority to determine whether the former Finance Minister is guilty or innocent of the offences for which he has been charged.
“The credibility or otherwise of the criminal charges against Mr. Ofori-Atta is a matter for determination by the courts in Ghana. Such matters are not determined by an immigration court in the United States,” the statement added.
The anti-corruption agency also insisted that Ofori-Atta remains wanted in Ghana.
It noted that a valid warrant of arrest issued by the High Court in Accra remains in force and maintained that the former Finance Minister continues to be the subject of criminal proceedings before the Ghanaian courts.
The Office further emphasized that the criminal trial would continue in accordance with the directives of the High Court irrespective of developments in the United States or whether Ofori-Atta is physically present in Ghana.
The latest statement reinforces the position consistently taken by President John Dramani Mahama, who has repeatedly appealed to the former Finance Minister to return voluntarily to Ghana and clear his name before the courts.
During his nationwide “Reset Ghana” tour, President Mahama publicly challenged Ofori-Atta’s continued stay in the United States, arguing that an innocent person should have no reason to avoid the judicial process.
In one of his most widely discussed remarks, Mahama reminded Ghanaians that Ofori-Atta once described himself as a “father” to the nation when resisting pressure from Members of Parliament who demanded his dismissal as Finance Minister.
Turning that statement against him, the President appealed directly to the former minister.
“So if we Ghanaians are your children, we are calling you; we are begging you, Father, come home,” Mahama said.
The President also questioned why Ofori-Atta would remain abroad if he genuinely believed he had committed no offence, insisting that returning to face trial would be the surest way to clear his reputation and that of his family.
John Mahama nevertheless acknowledged that Ghana cannot dictate the outcome of the extradition proceedings, explaining that once the Attorney-General files an extradition request, the matter falls entirely within the jurisdiction of the American judicial system, which must determine whether the legal requirements for extradition have been satisfied.
The President emphasized that his administration remains committed to respecting international law, due process and Ofori-Atta’s constitutional rights while pursuing accountability through lawful means.
Supporting the government’s position, National Petroleum Authority Chief Executive Officer and member of the National Democratic Congress legal team, Godwin Edudzi Tameklo, also criticised the implications being drawn from the American ruling.
According to Edudzi, a United States Immigration Judge has no authority to determine the credibility of criminal charges pending before Ghanaian courts.
He described the ruling as judicial overreach, arguing that the courts are fully capable of determining whether the Office of the Special Prosecution has presented sufficient evidence to sustain its prosecution.
“This colonial mindset must not be encouraged,” Godwin Edudzi said, insisting that the United States court exercises no supervisory jurisdiction over the independent judiciary.
The controversy follows a dramatic legal battle that began after Ofori-Atta travelled to the United States in January 2025 for medical treatment, including treatment for prostate cancer.
While abroad, the Office of the Special Prosecutor investigated him over several high-profile transactions, including the Strategic Mobilisation Limited (SML) revenue assurance contract, National Cathedral payments, the termination of the ECG-BXC contract, ambulance procurement and matters relating to the Tax Refund Account.
The investigations eventually resulted in multiple criminal charges before the High Court, an INTERPOL Red Notice that was subsequently deleted by the Commission for the Control of INTERPOL’s Files, and ongoing extradition proceedings through the United States justice system.
During the immigration proceedings in Virginia, Judge David A. Gardey granted Ofori-Atta lawful permanent resident status after finding that, for purposes of the immigration case, the evidence presented did not credibly establish criminal wrongdoing.
The judge also referred to the deletion of the INTERPOL Red Notice and observed that the United States Department of Justice had not filed an extradition complaint.
Although Ofori-Atta’s supporters have hailed the immigration decision as a complete vindication, the Office of the Special Prosecutor and the Mahama administration insist that the ruling does not determine the criminal charges pending before the High Court.
They maintain that only the Ghanaian judiciary has the constitutional mandate to pronounce on the former Finance Minister’s guilt or innocence and have reiterated that efforts to secure his return to Ghana through lawful extradition processes will continue.
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