Deputy Attorney General, Dr Srem- Sai has clarified a widely reported narrative about the circumstances surrounding Ghana’s Former Finance Minister’s arrest and detainment by immigration authorities in the United States (US).

On January 7, Ken Ofori-Atta’s lawyers, Menka-Premo, Osei-Bonsu, Bruce-Cathline and Partners issued a statement confirming their client's arrest by US Immigration and Customs Enforcement (ICE) over his immigration status.

While it was widely reported that he had been detained for overstaying his visa term, the Attorney General’s Department has clarified that his visa was revoked in June last year and he was given up to November 29 to leave the USA; however, he ignored the order, leading to his detention by ICE.

“ICE will not come for you unless you have visa issues; that is what has happened. In June 2025, his visa was revoked; it’s not an expiration of the Visa. The information we have is that his visa was revoked. So he has been living in America without a visa,” he said on the KeyPoints on TV3 Saturday, January 10.

According to reports, a US visa can be revoked if the holder becomes ineligible for it. This can happen if they violate their status, commit fraud, or otherwise fall under a ground of inadmissibility.

Dr Srem-Sai also mentioned that Ghanaian authorities collaborated with the US law enforcement agencies on Ken’s arrest.

“We are keenly involved in this matter. We collaborate with law enforcement agencies in this matter,” he said on the Key Points on TV3 Saturday, January 10.

About Ken’s arrest and detention by ICE

Meanwhile, Ken’s lawyers in their public statement explained that, “The United States Immigration and Customs Enforcement (ICE), as of yesterday, detained the former Minister for Finance, Mr Ken Ofori-Atta, regarding the status of his current stay in the United States. His US legal team is in contact with ICE and expects the matter to be resolved expeditiously.”

Ken Ofori-Atta left Ghana for the United States on January 4, 2025, according to investigative reporting detailing his departure timeline and visa use. As of today, January 8, 2026, that places his time in the U.S. at approximately 1 year and 4 days, following which he has been detained.

While his lawyers didn’t explicitly state whether he had overstayed his visa time, they noted that “Mr Ofori-Atta has a pending petition for adjustment of status, which authorises a person to stay in the US legally past the period of validity of their visa. Under US law, a change of status by this method is common.”

His lawyers stressed that their client was a law-abiding individual and had cooperated with the authorities to resolve the issue.

“The Public is therefore advised to note that Mr Ken Ofori-Atta, as a law-abiding person, is fully cooperating with ICE to have this issue resolved. Bruce Towers, 3 Enmanuto 20 Labone, Accra P. O. Box 14951, Accra, Ghana TEL: +233 (0)302 781624 alafo.atcra@mpb.com.”

He was reported to have moved to the USA to seek medical care after suffering from post-COVID Multi-System Inflammatory Response Syndrome, diagnosed in 2021, requiring continued medical supervision.

He has been receiving treatment for prostate cancer and previously underwent a radical prostatectomy at the Mayo Clinic in Rochester, Minnesota, following medical evaluations earlier in the year.

This comes amid a legal tussle involving Ofori-Atta. The Special Prosecutor, for about eight months, has been making efforts to bring him to Ghana to face the law over some corruption-related issues.

Ofori-Atta, who served as Ghana’s Finance Minister from 2017 to 2023, steered fiscal policy during the COVID-19 pandemic, debt restructuring efforts and IMF negotiations.

His extended stay in the U.S. has coincided with ongoing legal proceedings in Ghana, including corruption-related charges filed by the Office of the Special Prosecutor in November 2025, currently at the case-management stage.

The Attorney-General (A-G), Dr Dominic Ayine, would have a difficult time in getting former Finance Minister Ken Ofori-Atta back in Ghana to face corruption charges, private legal practitioner Austin Brako-Powers has noted.

Speaking to the media, he explained that the Attorney-General has made public statements that appear biased or unfair, and that has turned the issue into a political matter. Because of this politicisation, he believes Ghana’s case will look weaker and less credible when it is considered by authorities in the United States.

He added, “I am saying that the Attorney-General will not be successful in extraditing Ken Ofori-Atta to this country. Based on the public commentaries of the Attorney-General and the Special Prosecutor [Kissi Agyebeng], they will not,mark it,be able to extradite Ken Ofori-Atta.”

“This is a high-profile extradition case involving a former finance minister, a central figure in the previous administration. It will attract significant attention, and key questions around motive, fairness, and political neutrality will arise.

“Added to that are the prejudicial public statements by the Attorney-General and the Special Prosecutor [Kissi Agyebeng], which risk undermining Ghana’s credibility as a requesting state”.