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Ghana former finance minister Ken Ofori-Atta remains in U.S. federal custody ahead of Jan. 20 court hearing

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Kenneth Nana Yaw Ofori-Atta is a former Minister for Finance of Ghana.
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By: Nana Karikari, Senior Global Affairs Correspondent

The detention of Ghana’s former Finance Minister Ken Ofori-Atta in the United States has escalated into a complex legal and diplomatic crisis following his targeted arrest in the nation’s capital. U.S. Immigration and Customs Enforcement (ICE) apprehended the former finance minister at approximately 11 a.m. on Tuesday, January 6, and he now awaits a decisive hearing scheduled for January 20 before an immigration judge.

Ghana’s Ambassador to the U.S. Victor Smith confirmed that the Federal Bureau of Investigation (FBI) is also involved. This dual-agency involvement suggests the case transcends a simple visa expiration. Ofori-Atta’s elite legal team is moving to challenge what they describe as an “ambush-style” detention. The upcoming federal hearing will serve as the first formal step in determining whether he will be granted an adjustment of status or face accelerated repatriation to address a 78-count corruption indictment in Accra.

Origin of the Legal Crisis

The saga began in early 2025 when Ghana’s Office of the Special Prosecutor (OSP) summoned Mr. Ofori-Atta for questioning. He departed Ghana on January 2, 2025, for medical treatment at the Mayo Clinic. After missing multiple scheduled appearances, the OSP declared him a wanted person in February 2025 and a fugitive from justice. An INTERPOL Red Notice was formally published on June 5, 2025, under the charge of “Using Public Office for Profit,” triggering the current international effort to secure his return.

The Targeted Arrest at Westlight

Details have emerged characterizing the arrest as a “targeted operation” rather than a routine sweep. On the morning of January 6, this year, ICE agents surrounded Mr. Ofori-Atta as he emerged from the Westlight Building in Washington, D.C. This luxury apartment complex, located at 1111 24th Street NW, is an upscale residence in the West End neighborhood, where units sell for up to $4.2 million (approximately GH₵45.2 million).

Exterior of Westlight Building. Credit: Westlight

Current Custody at Caroline Detention Center

Following his arrest, Mr. Ofori-Atta was transported to the Caroline Detention Facility in Bowling Green, Virginia. The facility is approximately 89 miles from the arrest site, a journey of about 90 minutes. He is currently being held at this location, which serves as a primary center for ICE operations in the region. Investigative Journalist Manasseh Azure Awuni noted, “Everything I’m hearing from sources who were present shows this was a targeted operation. It appeared to be an ambush.”

The Prosecution’s Case: 78 Counts of Corruption

The Ghanaian government’s accusations center on a 78-count indictment filed in November 2025. Prosecutors allege Mr. Ofori-Atta led a “criminal enterprise” that caused a financial loss of GH₵1.4 billion to the state. The charges focus on the Strategic Mobilisation Limited (SML) contract and the National Cathedral project. The state claims he abused his office for private gain by influencing procurement. Dr. Justice Srem-Sai noted, “The Ministry of Justice and the Attorney-General’s Department are not merely spectators but active participants.”

Ofori-Atta’s Defense and Medical Justification

Mr. Ofori-Atta’s legal team denies all criminal allegations and calls the charges politically motivated. They maintain his presence in the U.S. strictly for health reasons. His legal team confirmed he underwent a radical prostatectomy on June 13, 2025, at the Mayo Clinic. The defense argues the OSP bypassed due process by declaring him a fugitive while he was incapacitated. Frank Davies stated, “If the Attorney General says he is investigating something, he should terminate the investigation… stop coming on the radio.”

Nationality and Visa Status

Ambassador Smith disclosed that U.S. authorities are holding three of Mr. Ofori-Atta’s Ghanaian biometric passports. These documents have settled the question of his nationality for immigration officials. Mr. Ofori-Atta had traveled to the United Kingdom and returned to the U.S. shortly before his arrest. His legal permission to stay reportedly lapsed around November 29. Victor Smith stated, “If the immigration judge has no basis to keep him here longer, he will be on the next flight to Ghana.”

Health and Detention Conditions

Questions regarding his health were addressed by the Ghanaian mission after consulting with ICE. Medical personnel at the facility conducted a formal assessment. They concluded that he was medically fit to be held in the center. While he is on medication, he has been granted full access to his prescriptions. Victor Smith noted, “The ICE people confirmed that he was all right… they were convinced and were assured that he was okay.”

The Elite Legal Defense

Mr. Ofori-Atta has assembled a formidable legal team, including a former U.S. Attorney General. His team is pursuing a petition for “adjustment of status” to allow him to remain in the U.S. legally. Immigration lawyer Jonelle Ocloo observed, “When you see the lawyers that he’s hired… that is an indication of somebody who’s not going easily.”

Consular Refusal and Upcoming Hearing

A diplomatic rift emerged when the former minister declined assistance from the Ghanaian embassy. Ambassador Smith expressed surprise after Mr. Ofori-Atta refused to meet with consular officers. The mission sought access to ensure his treatment complied with international protocols. Smith remarked, “Shutting the door in our face and not wanting to see us under any circumstances was a bit unfortunate.”

Offshore Probes and Local Friction

The case has intensified following disclosures by Attorney General Dr. Dominic Ayine regarding offshore investigations. He confirmed that local and foreign investigators are tracking dealings separate from the SML case. However, Frank Davies dismissed these claims as irresponsible public commentary. Davies argued, “If the Attorney General said he is investigating something, he should terminate the investigation… stop coming on the radio.”

Calls for Accountability

The unfolding saga has triggered demands for transparency among former government appointees. Legal practitioner John Darko emphasized that high-profile figures must face probes to uphold the rule of law. He noted that the public expects accountability as governance remains a priority. John Darko stated, “A competent lawyer prosecutes his case in court,” suggesting the focus should remain on formal legal processes.

Contesting ICE Custody

Mr. Ofori-Atta’s legal team in the U.S. has filed a court process to challenge his detention by ICE. They argue he is not an “illegal immigrant” because his adjustment of status petition was pending. The defense maintains that ICE may have acted without knowledge of this application. Frank Davies explained, “The position now is that the lawyers in America have filed a process in court to challenge what ICE has done.”

Medical Recovery and National Reputation

The former minister is reportedly in the recuperative stage following his surgery. His lawyers state he will return to Ghana once he receives a medical “all clear.” However, private legal practitioner Martin Kpebu characterized the situation as a “national embarrassment.” Kpebu stated, “The longer this goes on, the more we suffer embarrassment as a nation that your finance minister is running away; he is a fugitive from justice.”

Visa Revocation and Accelerated Repatriation

New evidence from the Ministry of Justice suggests Mr. Ofori-Atta’s return to Ghana may be imminent. Deputy Attorney-General Dr. Justice Srem-Sai revealed that the U.S. visa was actively revoked in June 2025. This distinguishes his status from a passive expiration. Dr. Srem-Sai stated, “The information we have is that his visa was revoked… So he has been living in America without a visa.”

The Jan. 20 Master Calendar Court Hearing: Legal Mechanics

The proceeding set for January 20 is a Master Calendar court hearing—a preliminary administrative stage in the U.S. immigration court system. Unlike a traditional criminal trial, this hearing serves as a procedural gateway where the judge will formally read the “Notice to Appear.” This is the critical juncture where the defense—which includes a former U.S. Attorney General—will move to consolidate his medical claims into a formal request for “Relief from Removal.” The outcome will dictate whether the case moves to a protracted “Merits Hearing” or if the court grants an expedited bond.

A Collision of Law, Medicine, and Politics

The fate of the former finance minister now rests on the delicate balance between his right to medical recovery and the state’s demand for judicial accountability. While the Ghanaian government views his stay as a deliberate evasion of justice, his defense frames it as a necessary medical exile. As the January 20 hearing approaches, the international community watches a case that will define the limits of diplomatic protection and the reach of sovereign legal authority. This intersection of high-profile litigation and human rights ensures that the verdict will have lasting implications for both U.S. immigration policy and Ghanaian governanc

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