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Home»Local News»Legal Experts Critique Prosecution Delays in Ofori-Atta Case
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Legal Experts Critique Prosecution Delays in Ofori-Atta Case

Ghana NewsBy Ghana NewsJanuary 11, 2026No Comments5 Mins Read
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Ken Ofori Atta
Ken Ofori Atta

Private legal practitioner Martin Kpebu has expressed concern that prolonged delays in pursuing corruption charges against former Finance Minister Ken Ofori-Atta have complicated efforts to secure his return to Ghana, sharply criticizing the Office of the Special Prosecutor (OSP) for what he describes as institutional failures.

Speaking on TV3’s KeyPoints on Saturday, January 10, 2026, Kpebu argued that the length of time Ofori-Atta has spent outside Ghana, combined with his ongoing immigration process in the United States, makes it increasingly difficult to bring him back to face legal proceedings.

“That delay will now make it more difficult to get him back into Ghana to face justice,” Kpebu stated during the broadcast.

The lawyer criticized explanations previously offered by the OSP regarding delays in prosecuting individuals who are not physically present in the country. “The OSP came and gave us ridiculous, ludicrous answers,” he said. “They said no, you cannot do a trial in absentia. Eleven months!”

Kpebu argued that the prolonged absence of individuals under investigation complicates efforts to ensure accountability and weakens the state’s ability to act decisively. “The fugitives, as described, are not in the country, obviously. So the trial is going to go on,” he said.

The attorney has urged former President Nana Akufo-Addo to intervene. “This is the best time for us to call on former President Akufo-Addo to prevail on Ken Ofori-Atta to come home and face justice,” Kpebu said on TV3’s KeyPoints.

Speaking on Joy FM’s Midday News in December 2025, Kpebu commended Attorney General Dominic Akuritinga Ayine for handling the extradition process with dispatch while blaming the OSP for earlier inaction. “Dr Ayine has dealt with this matter with the requisite dispatch. But the problem comes from Kissi Agyabeng’s refusal to investigate this matter when it was first reported,” he said.

Kpebu alleged that although journalist Manasseh Azure Awuni submitted a petition to the OSP in December 2023, formal investigations only began in January 2025, by which time Ofori-Atta had already left Ghana. “Why would a petition be presented to you in December 2023, and you sit on it until Ofori-Atta leaves the country? Even when he was seen, he was not arrested,” he added.

The legal practitioner has suggested Ofori-Atta is seeking permanent resident status in the United States, which would strengthen his legal position and complicate deportation or extradition. “The lawyers admit that Ofori-Atta has a pending petition before the immigration authorities of the US to adjust his status in the US. That phrase, ‘to adjust his status in the US’, is the part of it that says that he’s applied to change so he wants to become a permanent resident,” Kpebu explained on Accra-based TV3.

South Dayi lawmaker Rockson Nelson Dafeamekpor has urged Ofori-Atta to return home and render accountability. Speaking on January 10, 2026, Dafeamekpor noted that with the former minister’s detention by United States Immigration and Customs Enforcement (ICE), his address is now known, enabling Ghanaian authorities to serve legal documents.

“We now know Ofori-Atta’s address, he can be served the suit,” Dafeamekpor said, urging the attorney general’s office to take action. The lawmaker emphasized that continuous tactics to avoid accountability should cease.

Ofori-Atta was detained by ICE agents on January 6, 2026, and is being held at the Caroline Detention Facility in Bowling Green, Virginia. Attorney General Ayine revealed that Ofori-Atta’s US visa was revoked in July 2025, and he was given until November 29, 2025, to leave the country voluntarily.

The government formally requested Ofori-Atta’s extradition in December 2025 after the OSP charged him in absentia with 78 counts of corruption and corruption-related offences stemming primarily from the Strategic Mobilisation Limited (SML) revenue assurance contracts. The charges allege he played a central role in a criminal enterprise that caused the state an estimated financial loss of $128 million.

Kpebu’s comments come amid public debate over whether Ghana’s institutions are adequately prepared to pursue high-profile cases involving individuals who are outside the jurisdiction. While the lawyer acknowledged that Ofori-Atta’s detention by ICE represents a positive step, he cautioned that the extradition process remains complex and lengthy.

Speaking in December 2025, Kpebu expressed doubt that Ofori-Atta will voluntarily return to Ghana. “Not trusting is not exactly the word. The issue is that it is a complex matter. Ofori-Atta does not intend to come. If he intended to come, he would not have allowed the extradition proceedings to go this far,” he stated on Joy FM’s Midday News.

Attorney General Ayine addressed claims that Ofori-Atta should be allowed to recuperate in the United States, responding, “Is it only in America that one can recuperate? He can come home and recuperate as well. We have the medical staff to help him.”

Ayine reaffirmed that if extradited, Ofori-Atta would receive fair treatment and due process. “Ken Ofori-Atta is not a person that will come here and we will treat him very shabbily. He will be accorded due process of law and his fair trial rights will be guaranteed,” he stated on Newsfile on Saturday.

The attorney general explained that with the number of lawyers defending Ofori-Atta in the United States, including former US Attorney General John Ashcroft, the extradition process would not be quick. Potential appeals through district court, circuit court, and possibly the US Supreme Court could extend proceedings significantly.

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