Special Prosecutor Kissi Agyebng (L) and former Finance Minister Ken Ofori-Atta
The Office of the Special Prosecutor (OSP) has informed an Accra High Court that US authorities have been advised to adopt the most judicious approach available under American law regarding the potential arrest of Ken Ofori-Atta, the former finance minister and his aide, Ernest Darko Akore.
The OSP shared the update on its official X page on Wednesday, February 26, 2026.
“The Special Prosecutor informed the court that the United States Department of Justice (DOJ), through the Attorney General, has requested advice from the Office of the Special Prosecutor (OSP) on whether to arrest Mr Akore, a dual US-Ghanaian citizen, prior to serving him with a summons, or to serve the summons before any arrest.
“On whether to arrest Mr Akore, a dual US-Ghanaian citizen, prior to serving him with a summons, or to serve the summons before any arrest. The OSP advised that US authorities should adopt the most expedient and judicious approach available under their laws,” the post stated.
The Special Prosecutor told the court that US Marshals were deliberating whether to arrest Akore before serving him with a summons, or to serve the summons prior to any arrest.
“Regarding Mr Ofori-Atta, the DOJ confirmed receipt of the extradition packet and indicated that the summons and charge sheet have been transmitted to A1. Two proceedings are currently pending against him: immigration violation proceedings and extradition proceedings”, it stated.
The court acknowledged the updates, noting that while proceedings continue abroad, the case in Ghana remains active.
US Court denies Ken Ofori-Atta bail – Report
It noted that. “Earlier, prosecutors refiled the charge sheet in respect of the sixth accused, Kwadwo Damoah (A6), following his application before a previous judge to have his official titles included. Consequently, the charges were read afresh to reflect his designation as Hon Col (Rtd) Kwadwo Damoah.”
The case has been adjourned to March 26, 2026.
Meanwhile, Ofori-Atta remains in the custody of US Immigration and Customs Enforcement (ICE) after an immigration judge denied his bail request, deepening the uncertainty surrounding his legal battle in the United States.
The decision, delivered during a closed-door immigration hearing, means Ofori-Atta will continue to be held at a federal detention facility as proceedings over his immigration status move forward.]
Ofori-Atta and 9 others face over 70 charges, including causing financial loss to the state, using public office for profit, willful oppression, directly influencing the procurement process to obtain an unfair advantage, and entering into agreements that bind the government financially for more than one year without parliamentary authorisation.
See the post below :
Republic v. Kenneth Nana Yaw Ofori-Atta & 7 Others
The court sought clarification on the presence of the first and second accused persons—Kenneth Nana Yaw Ofori-Atta (A1) and his Chief of Staff, Ernst Darko Akore (A2).
The Special Prosecutor informed the court that the United… pic.twitter.com/uhOeAXFItl
— Office of the Special Prosecutor-Ghana (@ospghana) February 26, 2026
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