By: Nana Karikari, Senior Global Affairs Correspondent
A United States federal judge has demanded concrete proof of an extradition request for Ghana’s former Finance Minister, Ken Ofori-Atta, as he remains in federal custody. The order followed a closed-door immigration hearing on Tuesday, January 20, 2026, regarding his ongoing detention by Immigration and Customs Enforcement (ICE).
Judge David A. Gardey declined to make an immediate determination on Ofori-Atta’s bail application after state attorneys argued that he should remain in custody because Ghana has submitted a formal extradition request for him.
“The court cannot act on assertions without proof,” the judge indicated, directing the federal government to file any evidence of an extradition request on or before February 19, 2026.
Bond Hearing Halted by Extradition Claims
Frank Davies, a member of Ofori-Atta’s legal team, disclosed to national media in Accra that a bond redetermination hearing—effectively a bail application—was underway when it was abruptly halted. According to Davies, just as the judge was prepared to decide on the bond request, Ghanaian authorities intervened by citing the pending extradition.
“We posted the bond, and just as the court was about to decide, our government authorities objected that there was an extradition proceeding pending,” Davies stated. He noted, however, that the government failed to provide immediate documentary proof of the claim to the presiding judge.
Consequently, the court has granted the government a 30-working-day window (ending February 19) to provide “ample proof.” Davies suggested that if no evidence is produced by this deadline, the judge may move to admit Ofori-Atta to “temporary freedom.”
Physical Appearance in Court
During the proceedings on Tuesday, Ofori-Atta was seen wearing a dark jumpsuit and a face mask. The hearing was held under tight security as the court reviewed his current custody status and the revocation of his visitor visa. U.S. authorities maintain that Ofori-Atta no longer has lawful status in the country following the 2025 revocation of his visitor visa.
The Conflict: Adjustment of Status vs. Fugitive Status
The legal battle represents a high-stakes jurisdictional clash. While Ofori-Atta’s defense portrays him as a law-abiding individual seeking a residency extension, the United States government, acting on behalf of Ghana, has labeled him a fugitive from justice.
Defense attorneys argue that Ofori-Atta has a pending petition for adjustment of status, which would allow him to stay in the United States legally. “Under US law, a change of status by this method is common,” stated his legal team at Minkah-Premo, Osei-Bonsu, Bruce-Cathline & Partners (MPOBB). They emphasized that the former minister is “a law-abiding person” and is “fully cooperating with ICE.”
However, state prosecutors revealed a critical shift: The United States State Department revoked Ofori-Atta’s visa in 2025, rather than letting it expire. This revocation, paired with an Interpol Red Notice secured by Ghana in June 2025, triggered federal enforcement action. Prosecutors argue his detention is not an administrative delay but a response to an international warrant for seventy-eight counts of corruption.
FBI Involvement and Consular Refusal
In a development that underscores the severity of the case, reports indicate that the Federal Bureau of Investigation (FBI) assisted ICE agents in Ofori-Atta’s apprehension on January 6, 2026. He was taken into custody at approximately 11 a.m. at a luxury apartment complex in Washington, D.C.
Additionally, in a rare diplomatic twist, Ofori-Atta has officially declined consular assistance from the Ghana Embassy in Washington, District of Columbia, opting to rely solely on his private legal team. This move highlights the deep friction between the former minister and the current administration in Accra.
Ofori-Atta remains held at the Caroline Detention Facility in Bowling Green, Virginia. The tribunal is expected to reconvene on Thursday, April 27, 2026, at 1 p.m. Eastern Time (5 p.m. GMT) to hear both the bail application and review the government’s documents. Until then, he will remain in ICE detention.
Medical History and Humanitarian Grounds
The defense is expected to leverage Ofori-Atta’s fragile health in future bail arguments. Having arrived in the United States in January 2025, he underwent a radical prostatectomy at the Mayo Clinic in Rochester, Minnesota, on June 13, 2025, following tests that showed progression of the disease.
He is also reportedly managing post-COVID multi-system inflammatory response syndrome, a condition diagnosed in February 2021. His legal team argues that continued incarceration at the Caroline facility poses a severe risk to his recovery and medical observation.
Background: The SML Scandal and Dual Criminality
Ofori-Atta served as Ghana’s Finance Minister from 2017 to 2023. His legal troubles culminated in November 2025, when the Office of the Special Prosecutor (OSP) filed seventy-eight charges, including “Using Public Office for Profit” and procurement breaches.
The charges are tied to high-profile deals such as the GH¢1.4 billion SML revenue assurance scandal and the National Cathedral project. To uphold the extradition, the United States court must now decide if these allegations meet the “dual criminality” requirement—proving that the alleged acts in Ghana constitute a prosecutable crime under United States law.
