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OSP’s procedural failure on Ofori-Atta gave US immigration court the opening it needed – Ansa-Asare
June 20, 2026
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OSP’s procedural failure on Ofori-Atta gave US immigration court the opening it needed – Ansa-Asare

Money
Policy

Key Points

  • A Ghanaian legal academic, Kwaku Ansa-Asare, argues that the Office of the Special Prosecutor's (OSP) failure to obtain prior authorization from the Attorney General (AG) created a procedural vulnerability.
  • This vulnerability was exploited by a US immigration court, which granted former Finance Minister Ken Ofori-Atta permanent residency, finding the criminal charges against him "not credible."
  • Ansa-Asare cited Article 88 of the Constitution, stating the OSP was required to seek the AG's prior approval for its actions, which it did not.
  • The OSP maintains it played no role in the US proceedings and that Ghanaian courts will determine Ofori-Atta's guilt, adding he remains subject to extradition.
  • However, the prosecution is currently paralyzed as the US Department of Justice has not formally served Ofori-Atta, complicating any extradition efforts.

Why This Matters

This incident significantly impacts the credibility and effectiveness of Ghana's anti-corruption institutions, particularly the OSP, both domestically and internationally. It highlights critical procedural flaws in high-profile corruption cases, potentially undermining public trust and setting precedents for how such cases are handled, especially when defendants are abroad.

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