Head of Legal for the United Party, Andrew Appiah Danquah, has stated that the acquisition of permanent residency in the United States by former Finance Minister Ken Ofori-Atta should not, in principle, obstruct efforts to hold him accountable under Ghanaian law, though it may present practical legal challenges.
Speaking on The Big Issue on Channel One TV on Saturday, June 20, Danquah argued that Ghana’s extradition framework is designed to address situations in which individuals accused or convicted of offences flee to other jurisdictions, and that residency status alone should not negate accountability.
According to him, the key consideration under the Extradition Act is whether there is a valid charge or conviction in Ghana, rather than the immigration status of the accused in another country. He maintained that even if Mr Ofori-Atta were to acquire US citizenship, it would not automatically prevent extradition proceedings if the legal conditions are met.
“If Ken Ofori-Atta becomes a US citizen, my opinion is that, because of the Extradition Act, once there is a charge against him in Ghana or a conviction, it should not matter whether you have a green card or you are a citizen” he said.
He added that the current situation involving Ofori-Atta should not raise concern in principle, but it makes the job difficult, suggesting that while the legal basis for extradition may remain intact, enforcement could become more complex depending on immigration status and jurisdictional considerations.
“If the offence you are being charged with is also a crime in the US, and it is not a politically motivated action, then generally it should not be an issue. So, my view is that on the letter of the law, it should not be a problem. But certainly, it makes the job more difficult, he added.
His comments come amid ongoing public debate over the legal implications of the former Finance Minister’s status in the United States and its potential effect on Ghana’s efforts to secure his return to face proceedings.
Mr Ofori-Atta, who previously served as Finance Minister, is currently facing multiple allegations relating to alleged financial irregularities during his tenure. He recently obtained a favourable ruling in the United States after an immigration court approved his application for adjustment of status, granting him lawful permanent residency.
While the US ruling does not affect criminal proceedings in Ghana, legal observers say it could influence the dynamics of any future extradition request by Ghanaian authorities.
The Office of the Special Prosecutor is currently pursuing investigations into several allegations involving Mr Ofori-Atta, including claims linked to a contract awarded to Strategic Mobilisation Limited, which is alleged to have resulted in financial losses to the state.
