Director of the Strategy, Research, and Communication Division at the Office of the Special Prosecutor (OSP), Samuel Appiah Darko, has provided clarification on the workings of INTERPOL Red Notices, amid ongoing legal developments involving former Finance Minister Ken Ofori-Atta.
In a post addressing public debate over the deletion of a Red Notice previously issued at Ghana’s request, the Director of Strategy, Research and Communication at the OSP stated on Facebook on Friday, February 13:
“Interpol Red Notice is for people who are wanted; once you are arrested, you cannot be kept permanently on Red Notice”.
What a Red Notice Means
A Red Notice is not an international arrest warrant. Rather, it is a request circulated by INTERPOL to its 196 member countries seeking the location and provisional arrest of a person pending extradition, surrender or similar legal action.
The notice is typically issued when a requesting country demonstrates that a person is wanted for prosecution or to serve a sentence and that domestic arrest warrants are in force. Once the subject of a Red Notice is located and arrested in a jurisdiction, the primary purpose of the alert—locating and detaining the individual—is considered fulfilled.
Legal analysts explain that, procedurally, maintaining a Red Notice indefinitely after an arrest would serve no operational purpose, as extradition proceedings then move into judicial and diplomatic channels within the arresting state.
Ofori-Atta’s Arrest and Ongoing Proceedings
Mr Ofori-Atta, who served as Ghana’s Finance Minister from 2017 to 2024, was arrested in the United States on January 6, 2026, by U.S. law enforcement over visa issues.
His arrest came amid investigations by the OSP into alleged financial and procurement-related irregularities during his tenure at the Ministry of Finance. The OSP has indicated that summons issued by the Criminal Division of the High Court in Accra have been transmitted for service in the United States, requiring his appearance to answer multiple charges back in Ghana.
The deletion of the Red Notice by INTERPOL’s Commission for the Control of Files (CCF) was earlier attributed to contextual and procedural considerations, including INTERPOL’s constitutional requirement to maintain political neutrality under Article 3 of its statutes.
The OSP’s latest clarification appears aimed at correcting public perceptions that the removal of the Red Notice amounts to the termination of legal proceedings and political persecution.
Extradition Process Explained
Under Ghana’s Extradition Act, 1960 (Act 22) and applicable bilateral and multilateral agreements, extradition from the United States requires judicial review in U.S. courts to determine whether the legal thresholds for surrender are met.
The process typically involves:
- Confirmation of dual criminality (the alleged offence must be a crime in both jurisdictions),
- Presentation of prima facie evidence,
- Consideration of procedural fairness and human rights safeguards,
- Possible appeals before final executive authorisation.
Extradition proceedings in complex financial crime cases can take months or longer, depending on the volume of evidence, jurisdictional challenges and constitutional arguments raised by defence counsel.
OSP’s Position
The OSP has reiterated in previous communications that its actions are guided by law and evidence and that due process will be observed throughout.
The Director’s statement underscores that the mechanics of INTERPOL procedures should not be misconstrued as reflecting the merits or otherwise of the case.
Once extradition proceedings are formally underway, the focus shifts from international police alerts to court-based processes in the requested jurisdiction.
For now, attention turns to developments in the United States, where the judicial phase of the extradition process is expected to unfold, potentially setting a significant precedent for cross-border cooperation in high-profile financial crime investigations involving former public officials.
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