Ofori-Atta Extradition: What Government Can Do to Bring Former Minister Home Despite US Green Card
Legal analyst Amanda Clinton explains what Ghana needs to do if it wants to extradite Ken Ofori-Atta despite his US green card
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There have been questions about whether Former finance minister Ken Ofori-Atta will face the wheels of justice after he moved a step closer to securing permanent residency in the US.
On June 16, a US immigration court approved his application to adjust his immigration status, paving the way for him to obtain lawful permanent residency.
Source: Getty Images
This development came close to a year after Ofor-Atta was meant to have reported to the special prosecutor, specifically by June 2, 2025.
But this does not mean he is free from Ghana's clutches. Lawyer and legal analyst Amanda Clinton explained to YEN.com.gh that the government still has a course it can chart to extradite him to answer for his alleged crimes.
The green card improves Ofori-Atta’s position because he can now defend against any extradition with a stronger case because of the lawful permanent residence, family ties, medical evidence and political persecution fears.
He remains the subject of multiple criminal charges in Ghana arising from decisions taken during his tenure as Finance Minister.
The Special Prosecutor is leading efforts to extradite him from the US, as he is being investigated for alleged corruption in five different cases.
The special prosecutor formally charged the former minister on November 18 in the Strategic Mobilisation Ghana scandal, and is currently fighting to have an INTERPOL red notice removed.
What Ghana must do to extradite Ofori-Atta
Clinton explained that Ghana must present a properly constituted request through the accepted diplomatic channels.
"It must identify the treaty foundation, provide authenticated charging documents and warrants, demonstrate that the alleged conduct constitutes an extraditable offence and present evidence capable of satisfying the American probable-cause standard."
She also noted that alleged crimes in Ghana must also be considered criminal in the US.
The principle of dual criminality will matter: the conduct alleged must generally be criminal in both jurisdictions, although the offences need not bear identical names.
Clinton also stressed that Ghana must be precise in its attempts because broad political rhetoric, press conferences and public declarations are not a replacement for evidence.
"An extradition case is often won or lost in the quality of the requesting state’s papers long before the parties enter a courtroom."
Ghana must also win on the diplomatic front, she added. Clinton noted that the US Secretary of State may consider foreign-policy interests, humanitarian matters and risks relating to treatment after surrender.
The bigger picture with Ofori-Atta's extradition
Clinton holds the view that the case is not just about Ofori-Atta but also a test of Ghana’s ability to use international legal cooperation effectively.
She expects the government to learn from this saga and the requirements of detail.
"...if Ghana presents a disciplined evidential record, respects the presumption of innocence, refrains from inflammatory commentary and gives credible custodial and medical assurances, this case could strengthen rather than weaken its future cooperation with foreign partners."
She, however, warned that political motives could cloud the patient legal work required to secure one.
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
