By: Nana Karikari, Senior Global Affairs Correspondent
Reporting highlights:
- The Visa Controversy: Details on the Attorney-General’s claim that Ofori-Atta’s visa was actively revoked due to ongoing investigations.
- Legal Doctrine: The application of the “dual criminality doctrine” by the U.S. Department of Justice.
- Public Sentiment: Insights from civic watchdog groups and the Arise Ghana protest at the U.S. Embassy in Accra.
- Parallel Proceedings: A brief look at the upcoming court date for former MASLOC CEO Sedina Tamakloe-Attionu.
Tensions are mounting in both Accra and Washington, D.C., as Ghana’s former Finance Minister, Ken Ofori-Atta, prepares for a high-stakes appearance in a United States court today, January 20, to address his immigration status. The hearing follows a determined push by Ghanaian authorities to secure the return of the former official to face a 78-count corruption indictment involving the Strategic Mobilisation Limited (SML) revenue scandal and the National Cathedral project.
U.S. Immigration and Customs Enforcement (ICE) officials recently took the former minister into custody after determining he no longer holds lawful status in the country. He is currently being held at the Caroline Detention Facility in Bowling Green, Virginia, while the U.S. Department of Justice reviews the case under the dual criminality doctrine, a legal requirement ensuring the alleged crimes are punishable in both nations.
State maintains visa was revoked
Ghanaian Attorney-General and Minister for Justice Dr. Dominic Ayine has rejected claims that Ofori-Atta’s legal troubles stem from a simple oversight or an expired document. Ayine clarified that the U.S. government took proactive measures against the former official tied to ongoing investigations.
“This is not simply an immigration issue. His visa did not expire; it was revoked. I state this on authority,” Ayine said. He further noted that the visa was originally intended to remain valid until February but was withdrawn prematurely by U.S. authorities.
Defense claims hearing is “adjustment of status”
In a sharp contrast to the state’s narrative, Frank Davies, a member of Ofori-Atta’s legal team, disclosed on January 19 that the hearing will be conducted virtually. Davies emphasized that his client is “happy” and in “good spirits,” stressing that the proceedings are strictly administrative.
“Ken Ofori-Atta is happy. Our counterpart lawyers in America are happy. We are all waiting for the hearing tomorrow, which will be virtual,” Davies said. He stressed that the matter should not be conflated with the extradition push, stating that today “is an immigration hearing for an adjustment of his immigration status in America, simply nothing more, nothing less. After tomorrow, we will all know the position.”
Watchdog groups warn of “bad precedent”
The debate over Ofori-Atta’s absence has sparked concern among civic watchdogs. Dr. Kwaku Adu Boahen, associate president of the Ghana Watch Initiative, stated January 19 that the former minister’s decision to remain abroad while facing serious charges damages his public standing.
“Ken Ofori-Atta’s actions are giving the impression he’s guilty,” Dr. Adu Boahen noted. “He is making it look like he has actually committed the crimes he is being charged with. He is setting a bad precedent for the youth.” Adu Boahen urged the former official to return to Ghana to clear his name through the proper legal scrutiny.
Civil society demands accountability
The court appearance coincides with intensifying public pressure in Ghana. The activist group Arise Ghana staged a protest at the U.S. Embassy in Accra Tuesday morning, demanding that American officials facilitate Ofori-Atta’s immediate repatriation.
“We are calling on the American Embassy to help us ensure that Ken Ofori-Atta returns to Ghana to face the law,” said Marion Gifty Nyaaba, co-convener of the group. “If the law finds him guilty, then so be it, but we must allow the legal process to run its course.”
Franklin Cudjoe, President of IMANI Africa, also criticized the former minister’s continued stay abroad, describing Ofori-Atta as a “brave coward” for failing to return to answer questions. “Every citizen has a right to ask questions or to demand answers from their duty bearers. That is the reason why some of us think we should support this cause,” Cudjoe stated.
Legal and diplomatic stakes
The outcome of today’s immigration hearing is expected to influence the pace of formal extradition proceedings. While the defense maintains the stay is for medical reasons, including prostate cancer surgery, critics like Selorm Dzramadao of Arise Ghana remain skeptical. “He ran away from justice, and he’s still evading justice by giving us contrived excuses,” Dzramadao alleged.
In a parallel development, former Chief Executive Officer of the Microfinance and Small Loans Centre (MASLOC), Sedina Tamakloe-Attionu, is scheduled for a U.S. court appearance tomorrow, January 21, also related to an extradition request following her conviction in Ghana.
