Ken Ofori-Atta Extradition: How Charges Against Former Minister Will Be Treated in US Court
Legal analyst Amanda Clinton details the issues that will be considered in the potential extradition of former finance minister Ken Ofori-Atta
After his first appearance in a US court after being detained for overstaying his visa, former Finance Minister Ken Ofori-Atta was remanded into the custody of the US Immigration and Customs Enforcement (ICE).
Ofori-Atta could remain in ICE custody for over three months after being denied bail, with the judge in the case asking for evidence of extradition attempts by the Ghana government by February 19. The case itself has been adjourned to April 27.
Source: UGC
The bail request by Ofori-Atta's legal team was contested during the hearing because a state attorney in the US cited the extradition request that Ghana had submitted.
Ofori-Atta is wanted in Ghana because of alleged corruption when he was a minister. The Special Prosecutor has been at the forefront of efforts to extradite him from the US, as he is being investigated for alleged corruption in five different cases.
In November 2025, the special prosecutor formally charged the former minister on November 18 in the Strategic Mobilisation Ghana scandal.
Legal analyst and founding Partner of The Law Office of Clinton Consultancy, Amanda Clinton, gave some insight on how the extradition claim would play out in the US.
Clinton explained to YEN.com.gh that when an extradition request is submitted, the judge's review will be narrow and treaty-bound.
The substance of the 78 counts against Ofori-Atta will inform the process, but not with the scope that a full trial would provide.
What is the context of for extradiction and recent practice?
Clinton noted that before any judicial review begins, the court confirms that a valid extradition treaty exists between Ghana and the US and that the treaty has been recently and actively relied upon in other cases.
The judge will then confirm that Ofori-Atta is the same person named in the extradition request.
"This is a factual inquiry and is unaffected by the number of charges or any defence of persecution. Identity must be established before moving to other points"
The issue of dual criminality is also taken into account. Clinton explained that it requires that the alleged crimes also constitute crimes under US law.
The fourth thing that would be taken into account is a review of evidence to see if the extradition request is justified, explained Clinton.
"For each extraditable offence, the requesting state must present evidence sufficient to meet the treaty’s probable-cause standard. The judge reviews this to ensure that the request is not based on speculation."
"Crucially, this is not a trial. The judge does not evaluate credibility, issue evidence, or decide guilt. This stage is a limited screening to confirm that the requesting state has produced some evidence linking the accused to the alleged conduct."
What follows is the only point at which motivations can be examined. Ofori-Atta's legal team has already argued that the charges are politically motivated.
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Clinton explained further that under the extradition law, this argument will be considered only if the treaty contains a political-offence exception.
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However, she added that modern extradition treaties usually interpret political-offence exceptions very narrowly and are known to exclude ordinary corruption or financial misconduct.
"Absent a specific, applicable exception in the treaty, persecution arguments will not prevent certification at the judicial stage. So even if political motive is alleged, it does not give the judge a legal basis to refuse certification unless the treaty expressly provides a defence that fits the case."
What happens if the charges are satisfactory?
If the judge is satisfied with the grounds for extradition, the judge will certify Ken as extraditable.
Clinton explained that while this means the judge formally finds that the legal requirements are met, it does not mean Ofori-Atta will be extradited at that moment.
"Certification moves the case to the executive branch, e.g., the US Secretary of State, who makes the final decision on surrender. It is at that stage that political, humanitarian, diplomatic, and persecution claims carry real weight."
As for the issue of granting bail, Clinton explained that the judge can grant bail only in special circumstances.
The criteria for granting bail will be quite narrow compared to ordinary criminal bail hearings.
Source: YEN.com.gh
Delali Adogla-Bessa (Head of Current Affairs and Politics Desk) Delali Adogla-Bessa is a Current Affairs Editor with YEN.com.gh. Delali previously worked as a freelance journalist in Ghana and has over seven years of experience in media, primarily with Citi FM, Equal Times, Ubuntu Times. Delali also volunteers with the Ghana Institute of Language Literacy and Bible Translation, where he documents efforts to preserve local languages. He graduated from the University of Ghana in 2014 with a BA in Information Studies. Email: delali.adogla-bessa@yen.com.gh.
Amanda Akuokor Clinton (International lawyer and litigator) Amanda Akuokor Clinton is a distinguished Ghanaian lawyer and entrepreneur, renowned for her expertise in corporate law, litigation, crisis management, and market entry strategies across Africa. As the founding partner of Clinton Consultancy, she has been instrumental in guiding multinational corporations through complex legal landscapes, ensuring seamless operations within the African market
