Ken Ofori-Atta
Portions of a United States Immigration Court’s ruling that granted former Minister for Finance, Ken Ofori-Atta, a permanent US residence has popped up amid a call by President John Mahama on him to return voluntarily.
Mr. Ofori-Atta is facing multiple allegations of corruption and related offences in Ghana for some decisions he took during his tenure as Minister for Finance under the Nana Akufo-Addo-led New Patriotic Party (NPP) administration.
The Office of the Special Prosecutor (OSP) has initiated extradition processes through the Attorney General to have him extradited to Ghana to face the charges preferred against him.
Those efforts suffered a heavy blow when his lawyers confirmed last month that a US Immigration Court in Annandale, Virginia, had granted him a ‘Green Card,’ thereby making it further difficult to have him extradited to Ghana.
President Mahama, on July 17, urged Mr. Ofori-Atta to return voluntarily to Ghana to face the charges, noting that a failure to do so not only affects his reputation but that of his children and grandchildren. He assured the former minister a fair trial.
“…But if he doesn’t come back, then it means he leaves a cloud of doubt over his head forever, and over his children and grandchildren. So, we’ll see how things play out,” the President said.
The President’s appeal has however attracted criticisms from various quarters, with some suggesting that the President may not be aware of the US court’s reasoning and why the former Finance Minister may not return under this current government.
In the wake of the President’s comments and the ensuing criticism, portions of the US Court’s ruling surfaced on social media and online platforms, throwing more light on the court’s assessment of the charges levelled against Mr. Ofori-Atta.
While many agree that the US court cannot clear Mr. Ofori-Atta of alleged criminal offences in Ghana, they acknowledge the court’s opinions on the processes initiated by the OSP and steps being taken to extradite him to Ghana.
The court found that the criminal charges that have been brought against the former minister by the OSP do not have any basis and are not credible.
“You, by contrast, have testified credibly, presented significant evidence indicating that you were not engaged in criminal wrongdoing,” the court said, while also finding that Mr. Ofori-Atta had established that “the positive equities in his case far outweigh any negative equities.”
The court further indicated that it carefully reviewed the OSP’s affidavit and found that the affidavit is lacking in any persuasive proof or evidence that Mr. Ofori-Atta engaged in any — has engaged in any criminal wrongdoing as alleged, as minister of finance or otherwise, or that he personally profited from his work as a government official in Ghana.
“The lack of any persuasive evidence indicating any kind of criminal wrongdoing or criminal conspiracy involving the respondent in the OSP’s affidavit is powerful evidence,” the court said.
The court further considered the fact that the United States Department of Justice (DOJ) has been in possession of the request for Mr. Ofori-Atta’s extradition for a significant period of time and yet no extradition complaint has been sought by the DOJ based on the request by Ghana and the OSP’s claim to prosecution.
“And the court is not surprised, given that the court’s own review of the OSP affidavit does not indicate any persuasive evidence of any criminal wrongdoing by the respondent and also given the deletion of the red notice by the Interpol,” it said.
The court added that Mr. Ofori-Atta had established that he is entitled to adjustment of status, and subsequently granted the request for permanent residence.
BY Gibril Abdul Razak