Attorney General (A-G), Dr. Dominic Ayine, has indicated that extraditing former Finance Minister Ken Ofori-Atta to Ghana cannot be done solely based on a formal request.

Speaking at the Government Accountability Series in Accra on Wednesday, October 22, Dr. Ayine emphasized that one of the key requirements for extradition is a comprehensive docket containing documents, evidence, and details related to the charges against the former Finance Minister.

The Attorney-General, who also serves as the Minister for Justice, noted that his office is yet to receive the docket from the Special Prosecutor, Kissi Agyebeng.

However, he added that the Office of the Attorney-General has already begun the formal processes and will conclude arrangements for Ofori-Atta’s return to Ghana once the Office of the Special Prosecutor finalizes its part.

“Without the docket, we cannot make a request, so we’re still waiting for the docket. I have read everything said by the Special Prosecutor [Kissi Agyebeng] and his office. I respect his office and the autonomy of the office. But we in the Attorney General’s department cannot begin an extradition request with a letter. We need the evidence to do so. So, the formal processes have started,” he stated.

The clarification comes at a time when there are speculations that the Office of the Special Prosecutor and the Attorney General are dragging their feet on the matter. In June, Prof. Mrs. Angela Ofori-Atta, wife of the former Finance Minister, Ken Ofori-Atta, indicated that her husband will return to Ghana after his doctor's approval.

Speaking to Joy News, she noted that Ofori-Atta's absence is not an attempt to escape scrutiny, but a result of his current health condition.

“He has never not been accountable. This is not Ken Ofori-Atta, who runs away from accountability. I don’t think there is any other home but Ghana, no, Ghana is home,” she stated. “So why are we holding back on the investigation? Why would he [the OSP] not give the video?” she added.

Ofori-Atta continues to be a central figure in a legal battle, despite his current health condition. Ofori-Atta appeared on Interpol's website for “using public office for profit" after being declared wanted by the OSP.

This was after he failed to appear before the Office of Special Prosecutor (OSP) on Monday, June 2. His lawyers are said to have formally communicated the development to the OSP and the Human Rights Court, submitting medical reports that detail his current condition and outline scheduled surgical procedures.

The OSP during an engagement with the press on Tuesday, June 3, noted the failure of the former minister to inform the OSP of changes in medical procedure that were to have happened in March of this year.

"He has failed to show any medical report that shows he is a medical risk.We want him physically, and we insist on it," the OSP said, while noting that Mr Ofori-Atta cannot indicate the mode of investigation. His conduct is totally unacceptable. We will no longer tolerate him," the OSP noted.

In February, the OSP declared Ofori-Atta wanted for causing financial loss to the state in several dealings, which include the following:

Contractual arrangement between Strategic Mobilisation Ghana Limited and the Ghana Revenue Authority for the stated objective of the enhancement of revenue assurance in the downstream petroleum sector, upstream petroleum production, and minerals and metals resource value chain.

Termination of a distribution, loss reduction, and associated network improvement project contract between the Electricity Company of Ghana Limited and Beijing Xhao Chen Technology BXC.

Procurement of contractors and materials, activities, and payments in respect of the National Cathedral projectActivities and payments in respect of a contract awarded by the Ministry of Health initially commenced by the Ministry for Special Development Initiative to service Ghana Auto Group Limited for purchases and after-sales service and maintenance of 307 Mercedes-Benz Sprinter 304 5 CDI Ambulances for the National Ambulance Service.

Payments out of and utilization of the tax refund account of the Ghana Revenue Authority. Later, the legal representatives of the former finance minister informed the OSP that their client is currently undergoing medical treatment in the United States and is unable to honor an invitation for questioning.

Ofori-Atta then assured the OSP of its commitment to appearing for questioning on a fixed date, which influenced the OSP's decision to take his name off the list in March.

However, the office stressed that he is legally obligated to show up on June 2. Failure to do so, an Interpol Red Notice would be issued and extradition proceedings would be initiated in any country where he may be located.

Ken Ofori-Atta then took legal steps to block the OSP from re-declaring him wanted. His lawsuit argues that the agency’s actions are baseless and unjustified.

Ofori-Atta has dismissed allegations of financial misconduct and corruption, insisting that he has been cooperating with investigators through his legal representatives.

In his court filing, he contends that the OSP’s actions have inflicted serious harm on his reputation and personal life. He is seeking a legal injunction to prevent further declarations against him until the case is fully resolved.

The Human Rights Court has adjourned to June 18 for a ruling on the motion filed by the former Finance Minister, seeking to restrain the OSP from declaring him wanted, among other reliefs.

INTERPOL Red Notice

A Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.

It is based on an arrest warrant or court order issued by the judicial authorities in the requesting country. Member countries apply their own laws in deciding whether to arrest a person.

INTERPOL cannot compel the law enforcement authorities in any country to arrest someone who is the subject of a Red Notice.Each member country decides what legal value it gives to a Red Notice and the authority of their law enforcement officers to make arrests.