Why Ken Ofori-Atta is Not Safe Despite Pending US Green Card, Lawyer Amanda Clinton Gives Insights

• Lawyer and legal analyst Amanda Clinton explained why the stakes have not changed for Ken Ofori-Atta despite his reported US Green Card
• The court raises concerns over Ghana's Office of the Special Prosecutor's actions during Ofori-Atta's case
• Ofori-Atta is being targeted by Ghanaian authorities because of alleged corruption despite being in the US for medical care

Former finance minister Ken Ofori-Atta is a step closer to permanent residency in the US amid attempts to drag him back to Ghana to face corruption charges.

But his possible green card does not mean he could escape the clutches of the Mahama administration.

Lawyer and legal analyst Amanda Clinton noted that the grant of lawful permanent residence to Ghana’s former finance minister, Ken Ofori-Atta, is not the victory many of his supporters may believe it to be.

She also noted that it is not the defeat that some of his political opponents may fear.

Read also

"This is how it should be": Equatorial Guinea government resigns after failing to meet targets

"A green card answers one question: whether a person has the right to reside permanently in the United States. Extradition answers another: whether the United States should surrender that person to a foreign country to face criminal proceedings or punishment."

This, Clinton held that the reported immigration ruling does not prevent Ghana from continuing to seek Mr Ofori-Atta’s return.

It also does not confer immunity from extradition.

Ofori-Atta remains the subject of multiple criminal charges in Ghana arising from decisions taken during his tenure as Finance Minister.

"A green card is permission to live in America; it is not diplomatic protection from the reach of an extradition treaty."

Why Ofori-Atta's green card application was successful

Clinton observed that Ofori-Atta’s lawyers persuaded the immigration court that he satisfied the legal requirements for permanent residence and that the adverse matters placed before the court did not justify refusing that relief.

Read also

Big blow! Partey suffers major setback ahead of Ghana vs Panama match

This suggests that the Ghanaian accusations, his immigration history and whatever information the American authorities possessed were not sufficient to defeat his application under immigration law.

The US judge was not required to decide whether every allegation made by the Office of the Special Prosecutor is true amid the Green Card proceedings.

Without the written ruling, Clinton, however, noted that it is also impossible to know precisely what findings were made.

"The court may simply have concluded that no statutory ground of inadmissibility was established and that Ofori-Atta merited a favourable exercise of discretion. That would be materially different from a formal finding that Ghana’s prosecution is politically motivated or that he faces persecution if returned."

What is Ofori-Atta being investigated for?

YEN.com.gh reported that Ofori-Atta is being investigated for five cases, according to the Special Prosecutor.

These cases concern the Contractual arrangements between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority, the termination of a contract between the Electricity Company of Ghana and Beijing Xiao Cheng Technology, procurement procedures and financial transactions related to the National Cathedral, a Ministry of Health contract with Service Ghana Auto Group Limited for purchasing and maintaining 307 ambulances and the handling and disbursement of funds from the Tax P-Fund Account of the Ghana Revenue Authority.

Source: YEN.com.gh