The Office of the Special Prosecutor (OSP) has denied media reports indicating that the US court deemed the charges levelled against Ghana’s former Finance Minister Ken-Ofori Atta invalid.

In a formal statement issued a few hours after reports of the former Minister’s victory in a petition to secure US permanent residency.

“The Office of the Special Prosecutor (OSP) has taken note of media reports and a publication attributed to a law firm in Ghana that Mr Kenneth Nana Yaw Ofori-Atta has been granted permanent residency in the United States resulting from an immigration court finding that it did not find the criminal charges filed by the OSP in Ghana against Mr. Ofori-Atta credible”, parts of the statement said.

The OS explained that, it has no links in the former Minister’s immigration case or hearings rather it is involved in respect of extradition proceedings against Mr. Ofori-Atta through the Attorney-General as the central authority.

“The OSP states that the extradition packet is not before the immigration court; and the credibility or otherwise of the criminal charges against Mr. Ofori-Atta would be determined by the courts in Ghana, who have jurisdiction to determine his guilt or innocence”, the OSP added.

The OSP however stated that, despite Mr Ofori-Atta’s current status in the US remains a Ghanaian citizen and subject to extradition where necessary.

“Further, Mr. Ofori-Atta still remains a citizen of Ghana and he is still amenable to be extradited to Ghana if so decided by the extradition court in the United States”.

Earlier reports prompting OSP response

The former Minister’s lawyer, detailing how the petition finally gained the approval of the US court, indicated that the court reviewed the issues surrounding the charges and investigations linked to Mr Ofori Atta back home in Ghana.

According to reports, the judge raised concerns about how Mr Ofori Atta’s case was handled by Ghana’s Office of the Special Prosecutor (OSP) particularly when he was declared a fugitive from justice at a time when he was receiving medical treatment in the United States and at a time when his legal representatives were still engaging with investigators in Ghana.

Evidence was also presented by a witness familiar with international policing and Interpol procedures, who reportedly questioned aspects of the process adopted by the Ghanaian authorities in pursuing the case.

Charges against Ken Ofori-AttaIn 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.

Ofori-Atta denied bail

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

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

He had been 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.