A member of the legal team representing former Minister of Finance Ken Ofori-Atta, Frank Davies, has slammed the Minister of Foreign Affairs, Samuel Okudzeto Ablakwa over claims that the United States has assured Ghana it will not interfere in extradition processes.
Reacting to the minister’s remarks on JoyNews on January 14, 2026, Davies dismissed suggestions that Ghana had secured any major breakthrough.
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He emphasised that the words used by US officials do not amount to a guarantee that Ofori-Atta will be returned to Ghana.
“… If you all understand without prejudice, I wonder why the foreign minister will be waving a white handkerchief as if any significant victory has been coped. Without prejudice means without prejudice,” he said.
Davies explained that extradition is governed by strict legal rules and international law, not political assurances.
“Generally, no extradition requires the involvement of the country where the person is located (sic) and here is why. There are sovereignty issues. A country has jurisdiction over people and territory within its borders. So, any person of interest, suspect or accused person could be picked up,” he explained.
The legal practitioner noted that extradition usually follows treaties and agreements between countries and must go through due process.
“The requested state needs to verify the request and ensure that it meets or conforms with legal standards. This is what the foreign affairs minister has to understand,” he noted.
According to him, the statement attributed to the US ambassador simply reflects respect for legal procedures, not approval of extradition.
“So, the mere fact that the American ambassador said they will not stand in the way of Ghana, it means that he, the ambassador, is cognizant of the fact that there has to be proper due process,” Davies insisted.
He also pointed out that there are exceptions under international law, including provisional arrest and Interpol Red Notices, but said these do not apply in Ofori-Atta’s case.
“And there are significant exceptions. There’s something known as provisional arrest. Some treaties allow for temporary detention without prior approval. There’s also Interpol Red Notice, which we are all conversant with now in this country that is meant to facilitate international cooperation,” he stated.
He added, “But of course, you know that in Ken’s particular situation, the Red Notice was pulled down because it didn’t meet the required standards and requirements. There’s also what we call unilateral action. A country might arrest someone without formal extradition but this is rare. It happens rarely because it risks violating international law.”
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Davies questioned the decision by the foreign minister to publicly discuss his engagement with the US ambassador, warning that it could mislead the public.
“… I cannot comprehend why the foreign minister would decide to put this in the public domain as if tomorrow Ken would be removed from America and brought down to Ghana… I didn’t think that it was any useful for the foreign minister to come and say what he said after having a personal conversation with the American ambassador,” he concluded.
MAG/EB
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