By Nana Karikari, Senior Global Affairs Correspondent
A federal judge in the United States is set to decide today, February 19, 2026, on the continued detention of Ghana’s former Finance Minister, Ken Ofori-Atta. The hearing centers on a pivotal ultimatum: the court requires documented evidence of a formal extradition request from Ghanaian authorities before considering bond.
Judge David A. Gardey previously emphasized that judicial decisions cannot rest on mere assertions. This demand follows a month of legal sparring over Ofori-Atta’s immigration status and the underlying criminal charges he faces in his home country under the administration of President John Mahama.
How We Got Here
Ofori-Atta traveled to the United States in early 2025 seeking medical treatment for a chronic liver condition. While abroad, the political landscape in Ghana shifted following the 2024 general elections. The Office of the Special Prosecutor (OSP) charged him with 78 counts of corruption and financial misconduct related to the Strategic Mobilisation Limited (SML) revenue assurance contract and the National Cathedral project.
In June 2025, the U.S. State Department revoked his visitor visa. By January 6, 2026, U.S. Immigration and Customs Enforcement (ICE) took him into custody in Washington, D.C. He has since been held at the Caroline Detention Facility in Bowling Green, Virginia.
The Prosecution and the Extradition Trap
U.S. federal attorneys, acting on information from the Ghanaian government, have opposed Ofori-Atta’s release. They argue he is a flight risk due to the pending extradition effort.
However, the judge noted a gap between verbal claims and legal documentation. For the extradition to proceed, the U.S. Department of Justice must verify “dual criminality”—ensuring the alleged offenses in Ghana are also crimes under U.S. law. Ghana’s Attorney General, Dr. Dominic Ayine, maintains that a formal extradition packet was transmitted via the Ministry of Foreign Affairs in December 2025, yet today’s hearing serves as the final deadline for that proof to be presented in court.
The Defense and Adjustment of Status
Defense attorneys, led by Frank Davies, argue that Ofori-Atta has been cooperative and is not a fugitive. They contend his presence in the U.S. was necessitated by health requirements, not an attempt to evade justice, noting he has already declined consular assistance from the Ghanaian Embassy.
The defense is pursuing an “adjustment of status” petition. This legal maneuver aims to grant him lawful residency despite the visa revocation. They argue that without a verified, active extradition request, there is no legal basis to deny him bail.
INTERPOL Deletes Red Notice
A significant shift occurred on February 13 when INTERPOL permanently removed a Red Notice against Ofori-Atta. The Commission for the Control of INTERPOL’s Files cited a violation of “political neutrality” rules.
The commission pointed to “polarized political statements” from Ghanaian officials as evidence that the notice was being used for political ends. While the OSP insists this deletion does not affect the criminal charges, the defense is expected to use this development to argue that the prosecution is a “political vendetta” by the current government.
Strategic Outlook
The outcome of today’s hearing will likely dictate the trajectory of U.S.-Ghanaian judicial cooperation. If the proof is submitted, Ofori-Atta may remain in custody pending a full extradition trial. If the documentation falls short, the former minister could walk out of detention on bond, significantly complicating Ghana’s efforts to bring him home to face trial alongside seven other co-accused individuals.
