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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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