American Citizenship Does Not Shield Ken Ofori-Atta From Extradition to Ghana – Attorney General

Attorney General and Minister for Justice Dr Dominic Ayine has stated that American citizenship does not shield Ken Ofori-Atta from extradition to Ghana, dismissing claims that the former Finance Minister’s United States citizenship could prevent him from being returned to face trial if required.

Speaking to journalists at the Jubilee House on Thursday, July 30, during a briefing on the Constitution Review Committee Report, Dr Ayine explained that Ghana’s extradition laws apply irrespective of a person’s citizenship status.

“Ken Ofori-Atta was a Minister of State, our former Finance Minister. The fact that a person is an American citizen does not immunise them from extradition,” Dr Ayine said.

He further noted that while no American citizen may have previously been extradited to Ghana, the law permits such action where legal requirements are met.

“American citizens can be extradited to Ghana. The fact that it has never happened doesn’t mean that it cannot happen,” he added.

Dual Citizenship Not a Barrier to Extradition

The Attorney General emphasised that holding dual citizenship does not create a legal obstacle to extradition proceedings.

According to Dr Ayine, even individuals who are not Ghanaian citizens can be extradited to Ghana if they are required to stand trial under the country’s laws.

“The fact that somebody is a dual citizen doesn’t make it difficult, doesn’t put a roadblock on the way to extradition, even if that person is not also a citizen of Ghana. They can be extradited to Ghana to stand trial,” he stressed.

US Immigration Judge Grants Ofori-Atta Adjustment of Status

Dr Ayine’s comments follow a recent ruling by a United States immigration judge granting Ken Ofori-Atta an adjustment of status, allowing him to remain legally in the United States.

In the decision, Judge David Gardey ruled that the former Finance Minister’s positive personal circumstances outweighed concerns arising from the criminal allegations brought against him in Ghana.

The court considered Ofori-Atta’s longstanding ties to the United States, including his education, professional career with financial institutions such as Morgan Stanley and Salomon Brothers, as well as his family connections, including a son who is a US citizen.

Judge Gardey also took into account Ofori-Atta’s ongoing medical treatment, noting that his health had deteriorated following his detention in connection with the criminal allegations.

“The court finds that the positive equities far outweigh the negative equities such that the court will exercise its discretion and grant the respondent’s request for adjustment of status,” Judge Gardey ruled.

The judge further acknowledged the challenges Ofori-Atta had experienced and concluded that he had demonstrated sufficient grounds to remain in the United States under the adjustment process.

Ghana Maintains Extradition Option

Despite the US immigration ruling, the Attorney General insisted that American citizenship does not shield Ken Ofori-Atta from extradition to Ghana if the country’s legal processes require his return.

Dr Ayine maintained that Ghana remains entitled to pursue extradition in accordance with international legal procedures should the former Finance Minister be required to appear before the courts.