US Justice Department Has Not Confirmed Service of Charges on Ofori-Atta, Says OSP
The United States Department of Justice has not yet confirmed that it has served former Finance Minister Kenneth Ofori-Atta with criminal charges filed against him in Ghana, the Office of the Special Prosecutor has disclosed, leaving the formal service process incomplete and Ghanaian authorities still awaiting official feedback from Washington.
Sammy Darko, the OSP’s Director of Strategy, Research and Communications, revealed the procedural gap during an interview on Joy FM on Monday. “As we speak now, the U.S. Justice Department hasn’t gotten back to Ghana that it has served Ken Ofori-Atta,” Mr Darko said.
The disclosure adds a new dimension to a case that has gripped Ghanaian public life for months. A Ghanaian court has already authorised the service of charges on the former minister outside Ghana, a step that is part of broader extradition-related procedures. The request is routed through Ghana’s Attorney General’s Department, which contacts the U.S. DOJ for execution on American soil.
Until the U.S. side provides confirmation that Ofori-Atta has been formally served, Ghanaian authorities cannot proceed with the next stages of the legal process. The delay raises questions about whether the former minister’s recently acquired U.S. permanent residency status may be complicating the procedural timeline.
Ofori-Atta’s legal position remains firmly contested. His lawyer, Frank Davies, has maintained that neither the former minister nor his legal team has received any formal communication indicating that charges have been filed against him in Ghana. “Neither Ofori-Atta nor his legal team has received any formal notification of criminal charges in Ghana,” Mr Davies said on Joy FM’s Midday News.
The case has been the subject of intense parliamentary scrutiny and legal commentary. Parliament’s Public Accounts Committee Vice Chairman has called on prosecutors to begin legal proceedings without delay, arguing that the former minister’s absence from the country should not be allowed to stall accountability.
The procedural stalemate has also prompted broader legal analysis. Private legal practitioner Martin Kpebu has noted that Ofori-Atta’s green card gives him far greater protection than he previously enjoyed, a factor that could significantly shape any extradition battle with the United States.
Former Deputy Attorney General Alfred Tuah-Yeboah has argued that nothing stops the OSP from pursuing the case despite the U.S. residency ruling, but the practical reality is that without confirmed service of charges, the legal machinery cannot advance. If no confirmation is received from Washington, Ghana may be forced to consider alternative avenues, including trial in absentia, to move the case forward.
The Health Minister’s recent suggestion that Ofori-Atta’s medical condition could influence any U.S. extradition decision further complicates what is already shaping up to be a protracted legal and diplomatic exercise. For now, the OSP’s disclosure that the U.S. has not responded confirms what many observers have suspected: the path to accountability remains long and uncertain.
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