Nothing Stops OSP From Pursuing Ofori-Atta Case Despite US Residency Ruling, Says Former Deputy Attorney General

Former Deputy Attorney General Alfred Tuah-Yeboah has weighed in on the legal implications of former Finance Minister Kenneth Ofori-Atta’s newly granted permanent residency in the United States, asserting that the development does not in any way impede the Office of the Special Prosecutor from pursuing its criminal case in Ghana.

His comments follow reports that a US immigration court recently approved Ofori-Atta’s application for permanent residency, a ruling that some observers interpreted as a potential obstacle to the OSP’s ongoing investigation into the former minister’s conduct while in office.

Tuah-Yeboah was unequivocal in his assessment. “The OSP in Ghana has already indicated they also have this pending matter in Ghana. And so nothing is stopping the OSP in Ghana from pursuing whatever prosecution they want to prosecute,” he said.

Two Separate Legal Tracks

The former Deputy Attorney General drew a clear distinction between the US immigration proceedings and Ghana’s domestic criminal processes. He explained that the American court’s decision was made on immigration grounds and does not constitute a ruling on the merits of the criminal allegations levelled against Ofori-Atta in Ghana.

“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 has stated, reinforcing the point that Ghanaian courts retain exclusive authority over the case.

Tuah-Yeboah added that the US court decision should be respected as a judicial outcome, but stressed that it does not override Ghana’s sovereign legal processes. The extradition request filed by Ghana was a separate matter from the immigration proceedings that resulted in the residency ruling, meaning one cannot legally invalidate the other.

The OSP’s Unchanged Position

The Office of the Special Prosecutor has maintained a consistent posture throughout the evolving situation. The office has clarified that it was not involved in the US immigration court processes and that the extradition request was not before that tribunal. The OSP has further asserted that the US immigration decision does not constitute a vindication of the criminal allegations against the former minister.

The case against Ofori-Atta, which has been the subject of intense public interest, centres on allegations of financial impropriety during his tenure as Finance Minister. His lawyer has previously stated that Ofori-Atta has not been formally notified of any criminal charges, though the OSP has continued to signal its intent to proceed through Ghanaian courts.

Broader Implications

The legal questions surrounding Ofori-Atta’s situation have broader implications for how Ghana handles cases involving former public officials who relocate abroad. The principle that domestic criminal jurisdiction cannot be circumvented by a change in immigration status elsewhere is well established in international law, but this case has brought the issue into sharp public focus.

The OSP’s authority to pursue the case remains unrestricted, reinforcing the principle that due process in one jurisdiction does not create a barrier to prosecution in another. For Ghanaians watching the proceedings, the message from both the former Deputy Attorney General and the OSP is clear: the legal process will continue regardless of where the former minister resides.

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