By: Nana Karikari, Senior Global Affairs Correspondent
A United States federal immigration judge on Tuesday, January 20, 2026, ordered the public and media to vacate the hearing for Ghana’s former Finance Minister Ken Ofori-Atta. The decision followed an immediate request by Ofori-Atta’s defense team to shield the proceedings. Christopher Chaisson, representing the former minister, argued that “sensitive issues” surrounding the case required privacy. Judge David Gardey granted the motion shortly after the session began, ensuring that the dialogue between the court and the respondent remained confidential.
From Finance Minister to “Respondent 720”
The hearing provided a jarring visual contrast to Ofori-Atta’s former role as the steward of Ghana’s economy. Appearing via Webex from the Caroline Detention Facility, the man known globally as Ghana’s former Finance Minister was referred to by the court simply as “Respondent 720.” Stripped of his trademark white traditional attire—the bright, pristine signature of his power and presence in Accra—Ofori-Atta was seen wearing a standard-issue black inmate jumpsuit and a face mask that obscured much of his expression. The heavy, dark fabric of the jumpsuit felt like a somber eclipse of the man Ghanaians once knew, replacing his celebrated aura of leadership with the stark, anonymous uniform of a prisoner. The mask and the utilitarian setting underscored the gravity of his transition from a high-ranking diplomat to a detainee under the jurisdiction of US Immigration and Customs Enforcement (ICE).
The Moment the Screens Went Dark
The transition from a public hearing to a closed-door session happened with startling speed. As Ghana Broadcasting Corporation (GBC) and other international media outlets joined the Webex session, Judge David Gardey was heard verifying the parties. “Mr. Chaisson, given the nature of the issues that we discussed… are you requesting that the bond hearing be closed?” the judge asked. Chaisson, captured in exclusive GBC courtroom photos leaning toward his microphone, responded: “Yes, your honour. I’m glad you raised that. I was going to raise it.”
The air of secrecy deepened when Chaisson requested that the Master calendar hearing—not just the bond redetermination—also be shielded. “Sensitive subjects will be raised,” he emphasized. Judge Gardey then issued a final instruction to the digital gallery: “You should leave the hearing now… no one other than the parties will be allowed to be present.” Within seconds, the connection was severed, leaving the media and the public in an information vacuum.
Diplomatic Presence Amidst Rejection
Despite the former minister’s previous refusal to accept consular assistance from the Ghana Embassy in the U.S., Ambassador Victor Emmanuel Smith confirmed that a Deputy Counselor Officer was present in the virtual courtroom today. Smith emphasized that while Ofori-Atta has relied on private counsel, the embassy continues to monitor the high-profile case to ensure due process. This diplomatic presence persists even as Ofori-Atta’s legal team continues to distance their client from official Ghanaian government channels.
A Second Chance at Liberty: Bond Redetermination
Tuesday’s proceedings centered on a “bond redetermination” hearing—a critical legal maneuver intended to secure Ofori-Atta’s release from custody. Defense lawyers had previously applied for his release, but that initial request was rejected by federal authorities. Today’s session was a formal request for the judge to take a “second look” at the evidence to determine if Ofori-Atta could be released on bond while his case proceeds. While the bond hearing addresses his immediate detention, the next major hurdle is the Master Calendar hearing, which will outline the timeline for his broader immigration case and the specific charges filed by the United States Department of Justice (DOJ).
Adjournment: Case Pushed to April
Following the closed-door arguments, Judge Gardey adjourned the matter until April 27, 2026, at 1:00 PM EST. The delay suggests that the court requires further review of the “sensitive subjects” raised by the defense, which reportedly include detailed medical dossiers and the complexities of his adjustment of status claim. At the time of this report, it remains unclear whether Ofori-Atta was granted bond; however, he is expected to remain in ICE custody at the Caroline Detention Facility in Bowling Green, Virginia pending the outcome of these judicial reviews.
Legal Maneuvers Behind Closed Doors
While the digital eviction was sudden, the legal basis for such a move is deeply rooted in 8 C.F.R. § 1003.27, which allows an Immigration Judge to close proceedings to protect personal privacy or “the public interest.” By successfully arguing for a private hearing, Ofori-Atta’s team has effectively moved the discussion of his medical dossiers and potential national security risks into a legally protected “black box.” This maneuver prevents the prosecution’s counter-arguments regarding his flight risk from becoming part of the public record, a strategic win for a defense team aiming to control the narrative both in the U.S. and in the heated political climate of Ghana.
Defense Pivot: A New Specialist Enters the Fray
The hearing revealed a reinforced legal strategy with the introduction of new counsel. Christopher Chaisson introduced Kwao Amagashi as co-counsel, describing him as Ofori-Atta’s “longtime immigration lawyer.” The presence of a veteran immigration specialist suggests the defense is pivoting toward a complex adjustment of status claim—a legal petition common for individuals seeking to change their visa classification while remaining in the country. This application can act as a temporary shield, often halting immediate removal orders while the petition is adjudicated. Chaisson also pushed for the bond redetermination hearing to be held “as soon as humanly possible,” emphasizing the urgency of Ofori-Atta’s release from the Caroline Detention Facility.
Accusations of “Economic Miscarriage”
While the legal battle continues in Virginia, the rhetoric in Accra has reached a fever pitch. Arise Ghana leader Bernard Mornah, speaking at a protest at the U.S. Embassy on Tuesday, January 20, 2026, accused Ofori-Atta of causing an “economic miscarriage” for the nation. “He has devastated many people. People have died out of the harsh economic policies that he has brought,” Mornah claimed. He further alleged that Ofori-Atta misled the former administration into the Domestic Debt Exchange Programme and the IMF return, and accused him of diverting COVID-19 resources to private firms like Enterprise Insurance without accounting for beneficiaries.
Rebuttal: Claims Labeled as “Misleading”
Legal representatives for Ofori-Atta have pushed back against these claims, characterizing the accusations as “misleading” and designed to prejudice the public. Frank Davies, a member of the defense team, dismissed the rhetoric as political theater. “Do you think congregating in front of the American Embassy… would make them deport Ken Ofori-Atta?” Davies asked during a televised interview. He argued that the legal process is bound by treaty, not by the pressure of public picketing. He challenged the protesters’ logic, asking why the Attorney General would have triggered a formal extradition process if street pressure were enough. Davies maintained that Ofori-Atta remains a law-abiding individual whose stay in the U.S. is motivated by serious medical necessity.
78 Counts and the “Dual Criminality” Review
In Accra, the legal stakes remain centered on a massive 78-count indictment involving the controversial Strategic Mobilisation Limited (SML) revenue assurance contract and the $400 million National Cathedral Project. The DOJ is currently reviewing the case under the “dual criminality” doctrine—a requirement that the alleged financial crimes in Ghana must also be prosecutable under U.S. law. Ghanaian Attorney General Dr. Dominic Ayine clarified that Ofori-Atta’s visa was formally revoked in June 2025, rather than simply expiring, to trigger federal enforcement.
Detention and Visa Controversy
Ofori-Atta remains in custody following his arrest on January 6, 2026. While his lawyers cite recovery from a June 2025 radical prostatectomy as the reason for his stay, eyewitness accounts describe a “targeted operation.” Reports indicate United States ICE agents arrested Ofori-Atta at approximately 11:00 AM as he exited the Westlight luxury apartment complex in Washington, D.C. Ambassador Smith has since confirmed that the Federal Bureau of Investigation (FBI) was involved in the detention, a development that significantly raises the stakes of the case. Notably, Ofori-Atta has declined consular assistance from the Ghana Embassy, choosing to rely entirely on his private legal team.
The Path to Transparency
The decision to bar the public creates an “information vacuum” that tests the resilience of both U.S. and Ghanaian justice systems. While the immigration court prioritizes individual privacy rights, the Ghanaian public’s right to a transparent account remains a powerful counter-pressure. It is important to note that Ofori-Atta faces a “two-front” legal war: an administrative battle over his visa in immigration court and a separate judicial battle over extradition in federal district court. Moving forward, “honest and transparent” accounts will likely come from three distinct channels: official DOJ updates, status reports from the Office of the Special Prosecutor in Accra, and eventual public filings in the U.S. District Court. For now, the “closed-door” nature of the proceedings means the true battle is being fought in the shadows of diplomatic treaties and private medical dossiers.
