A request for the extradition of former Finance Minister Ken Ofori-Atta and an alleged accomplice, Ernest Darko Kore, from the United States has formally been submitted by the Attorney General (A-G), Dr. Dominic Ayine.

Speaking at the government’s Accountability Series held on Thursday, December 18, Minister for Justice and Attorney General, Dr. Dominic Ayine, said the duo’s extradition processes were initiated by the Office of the Special Prosecutor (OSP) on November 19.

He added that the Attorney General’s Department initially examined the documents related to the case; however, the International Cooperation Unit found that some parts of the paperwork were incomplete.

Dr. Ayine added, “As a result, we communicated our observations to the Office of the Special Prosecutor in a letter dated November 25 and requested additional documentation to ensure completeness.”

He noted that, in response, the OSP finalized the extradition request package on December 9 by providing supplementary documents and addressing the issues raised by the International Cooperation Unit.

Dr. Ayine added that the completed extradition request was subsequently forwarded to the Ministry of Foreign Affairs on December 10 for onward transmission to the appropriate authorities in the United States, specifically the Department of Justice, to conclude the process.

Adding, “At this point, it is left to the authorities of the United States, particularly the judicial authorities, to determine whether there is sufficient basis for the two accused persons to be extradited to Ghana to stand trial.”

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 followed his failure to appear before the Office of the 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 procedures 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.

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 his commitment to appearing for questioning on a fixed date, which influenced the OSP's decision to temporarily 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 would result in an Interpol Red Notice being issued and extradition proceedings being 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 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. In February, the OSP declared Ofori-Atta wanted for causing financial loss to the state in several dealings.

These dealings include contractual arrangements between Strategic Mobilisation Ghana Limited (SML) and the Ghana Revenue Authority, aimed at enhancing revenue assurance in the downstream petroleum sector, upstream petroleum production, and the minerals and metals resource value chain.

They also include the 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.

Other issues involve the procurement of contractors, materials, and activities, as well as payments related to the National Cathedral project.

Additionally, activities and payments connected to a contract awarded by the Ministry of Health—initially commenced by the Ministry for Special Development Initiative—to service Ghana Auto Group Limited for the purchase, after-sales service, and maintenance of 307 Mercedes-Benz Sprinter 304 5 CDI Ambulances for the National Ambulance Service are included.

Finally, payments from and utilization of the tax refund account of the Ghana Revenue Authority were also cited.

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 its law enforcement officers to make arrests.