The Office of the Special Prosecutor (OSP) has maintained that Kenneth Nana Yaw Ofori-Atta remains subject to criminal proceedings in Ghana despite claims arising from a transcript allegedly from a United States immigration court.
The Office said the US immigration proceedings being circulated by some media houses do not determine whether the criminal charges against the former Finance Minister are credible.
According to the OSP, immigration courts in the United States do not have jurisdiction to determine the validity of criminal charges filed in Ghana or decide whether an accused person is guilty or innocent.
The clarification follows the circulation of a transcript of hearing purportedly involving Mr Ofori-Atta, which suggested that he had not been credibly charged in Ghana or had not been shown to have engaged in wrongdoing.
The OSP said it had already clarified on June 16, 2026, that it is not part of immigration proceedings involving Mr Ofori-Atta in the United States.
The Office explained that its role concerns extradition proceedings being handled through the Attorney-General, Ghana’s central authority in extradition matters.
It stressed that the extradition packet relating to Mr Ofori-Atta is not before the US immigration court.
The OSP said there are three distinct legal matters involving the former minister.
The first relates to his immigration status in the United States.
The second concerns extradition proceedings, which will determine whether US authorities should surrender him to Ghana under the existing extradition arrangements between both countries.
The third involves criminal proceedings before the High Court in Accra, where Mr Ofori-Atta is facing corruption and corruption-related charges.
The Special Prosecutor’s Office said the determination of the criminal case rests solely with Ghana’s courts.
It reiterated that the High Court, Accra, has issued a valid warrant for Mr Ofori-Atta’s arrest and that he remains a fugitive from justice in Ghana.
The Office said the former minister is required to present himself before the court to respond to the charges pending against him.
It further stated that the criminal proceedings in Ghana will continue in line with applicable laws and directives of the High Court, regardless of whether Mr Ofori-Atta is present in the country.
The OSP’s statement was issued on July 21, 2026, in response to discussions surrounding the US immigration hearing and its possible implications for the ongoing Ghanaian case.
