Attorney-General: Ghana Needs Strong Legal Case Before Seeking Ofori-Atta’s Extradition from U.S.

Ghana’s Attorney-General and Minister for Justice, Dr. Dominic Ayine, says the government cannot initiate extradition proceedings against former Finance Minister Ken Ofori-Atta in the United States until a complete case file and substantial legal grounds are established.

He explained that any extradition request must comply with international legal standards and be supported by credible evidence and formal charges. His remarks came during the Government Accountability Series held in Accra on Wednesday, October 22, 2025, amid growing public debate over the status of investigations into the former minister.

Dr. Ayine clarified that the Office of the Special Prosecutor (OSP) has yet to deliver a full docket on the case — a requirement before his office can formally engage U.S. authorities.

“In simple terms, the processes have begun,” he told journalists. “But an extradition request cannot be made until we have a solid case and a properly compiled docket.”

The Attorney-General’s explanation follows recent comments from Deputy Attorney-General Dr. Justice Srem Sai, who indicated that the OSP had not yet provided the full documentation needed for the case to proceed.

According to officials, the delay stems from the OSP’s ongoing collation of new evidence gathered during a June 10 search and seizure operation at the offices of Strategic Mobilisation Ghana Limited (SML) — a firm reportedly linked to the broader investigation.

Dr. Ayine underscored the importance of adhering to international due process in any cross-border legal action. He noted that extradition requests to the U.S. must be based on filed charges and a well-documented case, not preliminary allegations.

Citing precedent, he explained that in previous U.S.–Ghana extradition cases, such as the transfer of Kwadwo Boateng to the United States, the request was supported by detailed documentation and formal indictments.

“In the case of the Americans, the practice is for you to have filed charges,” he said. “When the U.S. Department of Justice requested the extradition of Kwadwo Boateng, they sent a full Bill of Indictment — including the charges and supporting evidence. They had spent six years investigating that syndicate before submitting the request.”

He emphasised that Ghana must demonstrate the same level of legal readiness before asking a foreign jurisdiction to act. “We cannot make an extradition request with only a letter. We need a complete docket that provides the evidential basis for the charges,” he stated.

Dr. Ayine reaffirmed his respect for the independence of the Office of the Special Prosecutor, which is constitutionally mandated to investigate and prosecute corruption and related offences. However, he stressed that the Attorney-General’s Department must operate strictly within the framework of Ghana’s laws and international protocols.

“The Office of the Special Prosecutor is independent, and we acknowledge that,” he said. “But we cannot proceed with any extradition process without the appropriate evidence. The formal processes have started, but they must follow the rule of law.”

He added that his ministry would continue to cooperate with the OSP once the full docket is submitted, noting that any premature move could compromise the legal integrity of Ghana’s case in foreign courts.

Former Finance Minister Ken Ofori-Atta, who left office earlier this year, is reportedly the subject of ongoing investigations linked to financial and procurement irregularities under review by the Special Prosecutor. The OSP has not yet made public the full scope or findings of the case, citing confidentiality and ongoing evidence-gathering.

The development has reignited public discussion on accountability in high-level governance, especially regarding how Ghana’s anti-corruption institutions coordinate their mandates. Legal experts argue that effective cooperation between the OSP and the Attorney-General’s office is crucial to ensuring credible prosecutions that can withstand international scrutiny.

Ghana has previously faced challenges in pursuing cross-border legal actions due to incomplete documentation or lack of bilateral legal cooperation mechanisms. Extradition requests, particularly to the United States or European Union member states, often require extensive documentation and must demonstrate dual criminality — meaning the offence is recognised as a crime in both jurisdictions.

The Attorney-General’s clarification is significant for Ghana’s ongoing fight against corruption and for maintaining credibility in international judicial cooperation. It highlights the delicate balance between political accountability and procedural rigor — a challenge faced by many African democracies.

Ghana, widely regarded as one of West Africa’s more stable legal systems, has recently strengthened its anti-corruption framework through institutions such as the OSP. However, the effectiveness of these institutions continues to depend on coordination, transparency, and adherence to due process.

The case also raises broader questions about how Ghana handles post-office accountability for senior officials, a recurring theme in both the NPP and NDC administrations.

While calls for swift action continue, Dr. Ayine’s comments reaffirm Ghana’s commitment to the rule of law and international legal standards. Whether or not an extradition request for Ken Ofori-Atta materialises soon will depend on the completion of the OSP’s investigations — a reminder that in justice, procedure can be as crucial as outcome.

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