The US judge who presided over the immigration hearing of Ghana’s former Finance Minister has declined his bail application, citing an extradition request from Ghanaian authorities.

Mr Ofori-Atta was tried yesterday, Tuesday, January 20, in a private hearing following a request for privacy by his lawyers.

He has remained in detention since his arrest on 6 January by the U.S. Immigration and Customs Enforcement (ICE).

Consequently, his lawyers requested bail so that he could be released while his case is pending. However, this was rejected by the government lawyers over his extradition links, though the judge, David A. Gardey, didn’t make any final decision on the extradition but noted that no documents were shown in court to prove that an extradition request had actually been submitted.

“The court cannot act on assertions without proof,” the judge indicated, directing the federal government to file any evidence of an extradition request on or before February 19, 2026.

The case has been adjourned to Thursday, April 27, at 1 pm, when the tribunal is expected to hear both the bail application and any documents the government may submit. Until then, Mr Ofori-Atta will remain in ICE detention.

His detention was first announced on January 7 by his Ghanaian legal representatives, Minkah-Premo, Osei-Bonsu, Bruce-Cathline & Partners (MPOBB), who said he had been taken into custody a day earlier over concerns about his immigration status.

“The United States Immigration and Customs Enforcement (ICE), as of January 6, 2026, detained the former Minister for Finance, Mr Ken Ofori-Atta, regarding the status of his current stay in the United States,” the firm said in a public notice signed by Justice Kusi-Minkah Premo, Esq.

According to the lawyers, Mr Ofori-Atta has a pending petition for adjustment of status, a legal process that allows individuals to remain in the US beyond the validity of their visa.

“Under US law, a change of status by this method is common,” the statement added, stressing that the former minister is “a law-abiding person” and is fully cooperating with ICE.

Official records from the US Department of Homeland Security indicate that Mr Ofori-Atta is currently being held at the Caroline Detention Facility in Bowling Green, Virginia.

The development has attracted attention in Ghana, especially given Mr Ofori-Atta’s recent legal and medical history.

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.

Mr Ofori-Atta has been on Ghana’s wanted list for months now, and all efforts to bring him down to Ghana appear to have proven futile.

Ofori-Atta continues to be a central figure in a legal battle, despite his current health condition. He appeared on Interpol's website for “using public office for profit” after being declared wanted by the Office of the Special Prosecutor (OSP). This followed his failure to appear before the 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 honour 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 wanted 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 Xiao 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 utilisation of the tax refund account of the Ghana Revenue Authority were also cited.