Ken Ofori-Atta
A member of former Minister of Finance, Ken Ofori-Atta’s legal team, Frank Davies has indicated that his client will respond appropriately if he is served with charges by the Office of the Special Prosecutor (OSP).
Speaking on TV3’s Hot Issues on March 5, the lawyer discounted claims that the former Minister is unwilling to return to Ghana to face charges leveled against him and others by the OSP.
“If the OSP serves my client his charges, he will respond appropriately, not remotely”, Mr. Davies indicated.
He further pointed out that he cannot defend his client in court until he has been formally served by the OSP, urging Ghanaians to be circumspect in their criticism of the former Minister without full knowledge of the circumstances of the issues.
Extradition
Meanwhile, Mr. Davies has provided further details regarding the status hearing of Mr. Ofori Atta who is currently in ICE detention for overstaying his visa in the United States.
According to him, unresolved extradition request from Ghana has delayed the US court’s decision on a bond application made on behalf of the former Minister.
He confirmed that an application for bond was made during Mr. Ofori-Atta’s initial appearance before the court but it was not decided on due to United States Department of Justice raising issues about a possible extradition request submitted by Ghana.
The court, therefore, directed that details of the extradition request be presented at the next sitting – February 19, 2026, to enable it consider the bond application.
Mr. Davies disclosed that when the case was recalled on February 19, US federal prosecutors submitted only a brief filing that provided very little information about the said extradition process.
“As it turned out on February 19, it was just a one-liner which was filed by the Federal lawyers giving no details of the request. The Judges hands were tied and could not go into the merits, the bond application,” he said.
Mr. Ofori-Atta’s ICE hearing has been adjourned to April 27 to determine his further stay in the United States.
Permanent Stay
One of the layers representing him in the US had earlier stated that Mr. Ofori-Atta is pursuing the possibility of acquiring a permanent United States residency rather than returning to Ghana, where is wanted to stand trial for a myriad of allegations of corruption and related offences.
This follows what his lawyer describes as the existence of “serious questions” about the independence of Ghana’s judiciary.
Extradition
The former Finance Minister is wanted in Ghana to face charges of corruption and related offences related to some decisions he took during his tenure as Minister for Finance under the erstwhile Nana Akufo-Addo-led New Patriotic Party (NPP) administration.
The OSP, has charged him and seven others over the controversial revenue assurance contract awarded to Strategic Mobilisation Ghana Limited (SML), allegedly costing the nation over GH¢1.4 billion “financial loss.”
The OSP has secured an order of summons to be served on Mr. Ofori-Atta and his Chef de Cabinet, Ernest Darko Akore, outside the jurisdiction as the Office takes steps to prosecute the two in absentia if they fail to return to Ghana.
In February this year, the United States Department of Justice acknowledged receipt of extradition packet sent by Ghana, regarding Mr. Ofori-Atta who is wanted in Ghana for alleged corruption and related offences.
As a result, the charge sheet and the summons have been transmitted to the US as the OSP takes steps to serve him outside the jurisdiction and possibly try him in absentia if he fails to return to Ghana.
The Office OSP is still yet to serve Mr. Ofori-Atta and Ernest Darko Akore with the charge sheet and documents pertaining to the criminal proceedings initiated against them.
A Principal Prosecutor at the OSP, Adelaide Kobiri-Woode, told the trial court last month that the two accused persons who are currently in the United States have not been served with the charge sheet and the fact sheet.
According to her, the processes to do so are still ongoing and the last communication between the OSP and Office of the Attorney General as of March 25, 2026 indicated that the process has not been completed.
She added that the United States Department of Justice requested for further information through the mutual legal assistance which has been given.
BY Gibril Abdul Razak
