By Nana Karikari, Senior Global Affairs Correspondent
Reporting highlights:
- The Probable Cause Hurdle: A breakdown of the technical evidentiary standards the Ghanaian state must now meet in U.S. federal courts.
- The Evolution of the Timeline: Clarifying the back-and-forth between the OSP and the AG’s office that led to the final December 10 transmission.
- Strategic Defense: Insights into the “prolonged battle” signaled by Ofori-Atta’s retention of top-tier U.S. counsel and the multi-layered appeal process ahead.
The extradition request for Ghana’s former Finance Minister, Ken Ofori-Atta, has escalated into a definitive legal and diplomatic confrontation between the administration of President John Dramani Mahama and the United States judicial system. The case has officially moved from administrative posturing to an active battle in American federal courts following the formal transmission of the docket on December 10, 2025.
Evolution of the Extradition Timeline
The path to this standoff was marked by procedural rigor. The Office of the Special Prosecutor (OSP) initiated the request on November 19, 2025, after filing 78 charges in the High Court. Following a preliminary review, the Attorney-General’s International Cooperation Unit observed that aspects of the request required “clarification and enhancements.” The AG’s office returned the docket on November 25. The OSP addressed these observations and provided supplementary documents on December 9. On December 10, the completed documentation was formally transmitted to the U.S. Department of Justice. This sequence reveals a technical approach designed to ensure the request survives the scrutiny of American judges.
How We Got Here: The SML and Cathedral Scandals
The current crisis follows a 10-month investigation into alleged financial misconduct. The 78 charges against Ofori-Atta and his accomplice, Ernest Darko Akore, center on the Strategic Mobilisation Ghana Limited (SML) revenue assurance contract. Prosecutors allege a “criminal enterprise” involving former GRA Commissioners, including Emmanuel Kofi Nti and Ammishaddai Owusu-Amoah, that bypassed statutory approvals. This resulted in an estimated annual financial loss of over $100 million.
Additionally, investigators are zeroing in on unapproved expenditures related to the National Cathedral project and irregular tax refund operations.
The ORAL Initiative: A Broader War on Corruption
The prosecution of Ofori-Atta serves as the centerpiece of President Mahama’s “Operation Recover All Loot” (ORAL). This initiative, chaired by Samuel Okudzeto Ablakwa, recently presented a report identifying 36 high-profile cases with a combined estimated value of $20.49 billion in leakages. By framing this case within ORAL, the government is signaling that this is a systemic effort to recover state resources. President Mahama has emphasized that while the administration adheres to due process, “it will not grant economic saboteurs a permanent escape.”
U.S.-Ghana Relations and Legal Procedures
The case tests the 1931 Extradition Treaty between the United States and Ghana. Under U.S. law, a federal judge must find “probable cause” and “dual criminality.” This means the acts must be punishable in both nations. While the U.S. has historically cooperated on cybercrime, a case involving a former minister carries greater diplomatic weight. American authorities have reportedly signaled they do not view these charges as “political offenses,” which would otherwise provide a defense against extradition.
Rolf Olson, Chargé d’Affaires at the U.S. Embassy in Accra, recently clarified the American position: “The process is very well-established but it is typically not very quick. The decision ultimately rests with U.S. courts, which have discretion to approve or deny requests.”
Strategic Defense and Challenges
Ken Ofori-Atta has moved beyond claims of medical necessity to a robust legal challenge. By retaining top-tier American counsel, he has signaled an intent to utilize every layer of the U.S. federal judiciary. His legal team in Ghana, led by Frank Davies, has consistently argued that the OSP has ignored legitimate medical records. “The special prosecutor is not being sensitive to the issues at hand, especially knowing that Mr. Ofori-Atta is unwell and receiving treatment,” Frank Davies stated.
Attorney-General Dominic Ayine addressed the reality of a prolonged battle during the December 18 Government Accountability Series: “I’m not afraid at all. But it means that there’s going to be a fight in the federal courts in the US. If the district court says no, he will go to the circuit court. If the circuit court says no, he’s entitled to go to the US Supreme Court.”
Accountability versus Political Vendetta
The governing National Democratic Congress (NDC) maintains that the prosecution is a matter of constitutional duty. Joyce Bawah Mogtari, Special Aide to the President, has framed the pursuit as a response to the debt levels incurred during Ofori-Atta’s tenure.
“Under your tenure, Ghana had huge debts… very high commercial rates. Sometimes you hear some of those coupon rates, and you marvel. Why would such an individual even want to refuse to come and respond to whatever investigations or questions are raised?” Joyce Bawah Mogtari remarked.
The Opposition’s Stance and Internal Friction
The New Patriotic Party (NPP) remains divided. While some acknowledge the economic toll of previous policies, the Office of Former President Nana Addo Dankwa Akufo-Addo issued forceful denials regarding attempts to secure “safe passage” for Ofori-Atta. “Nana Akufo-Addo has neither contemplated such a consideration nor expressly or impliedly made any such request or representation to President John Dramani Mahama… his fidelity to the Rule of Law has never been in question,” the office clarified on December 16, 2025.
Public Sentiment and the Global Stage
Public discourse in Accra has become increasingly impatient. Many citizens draw parallels between the swift extradition of local cybercriminals and the perceived immunity of political elites. In Cape Coast, local trader Ekow Botsio captured the frustration of many: “If a small-time fraudster can be sent to America in weeks, why is a minister walking free after a year?”
This sentiment is echoed by the Ghanaian diaspora in the United States. Activist Rodaline Imoru Ayarna issued a direct appeal to the community: “If you see Ken Ofori-Atta anywhere on the streets of the USA, effect a citizen’s arrest. He is a wanted man.”
A Turning Point for Sovereign Integrity
The Ofori-Atta case has evolved from a localized dispute into a profound test of the Ghanaian state’s ability to project its laws beyond its borders. The outcome rests on the strength of the evidence presented in U.S. federal courts to establish Probable Cause. Plus, the resilience of Ghana’s judicial institutions.
For the international community, it serves as a measure of whether diplomatic treaties function as tools for genuine justice or merely as frameworks that favor the influential.
Whether Ofori-Atta returns to face a Ghanaian jury or remains shielded by the complexities of American law, the precedent set here will define the future of anti-corruption efforts across the African continent and the broader Global South.
