Former Finance Minister Ken Ofori-Atta is formally pursuing permanent residency in the United States rather than returning to Ghana, where he faces 78 counts of corruption and financial misconduct, his lawyer has told a US news outlet, as a separate legal setback complicates Ghana’s efforts to secure his extradition.
Ofori-Atta’s US-based attorney, Enayat Qasimi, told Semafor that his client has a “pathway to residency” that he intends to pursue. Qasimi argued that there are serious questions about the independence of Ghana’s judiciary and that Ofori-Atta has been subjected to a political witch hunt that makes a fair trial unlikely. Ghana has formally submitted an extradition request, which US officials confirmed has been received, but the Office of the Attorney General declined to comment.
Adding a significant legal complication for Accra, the International Criminal Police Organization (INTERPOL) permanently removed its Red Notice against Ofori-Atta in February 2026. The Commission for the Control of INTERPOL’s Files cited a violation of political neutrality rules, pointing to polarised political statements from Ghanaian officials as evidence that the notice had been used for political ends. The removal does not halt extradition proceedings but eliminates one of the international enforcement tools Ghana had secured.
Ofori-Atta is currently held at the Caroline Detention Facility in Bowling Green, Virginia, where he has been in Immigration and Customs Enforcement (ICE) custody since January 6, 2026. He is expected to reappear before the Annandale Immigration Court in Virginia on April 27.
His legal team is pursuing an adjustment of immigration status petition, a mechanism under US law that can allow a person to remain lawfully in the country even after their visa has expired, provided they meet certain eligibility criteria. Defense attorneys argue that without a verified, active extradition warrant signed by a US federal judge, there is no legal basis to deny him that pathway.
Ghana’s extradition case rests on a demanding legal standard. US courts must satisfy the dual criminality principle, which requires a federal judge to determine that the alleged offences under Ghanaian law would also constitute crimes under US federal law, before an extradition warrant can be signed. Ofori-Atta’s legal team is expected to contest that determination.
The charges against Ofori-Atta and six others, filed by Ghana’s Office of the Special Prosecutor (OSP) on November 18, 2025, include 78 counts of conspiracy to commit procurement fraud, causing financial loss to the state, and using public office for private gain. The allegations centre on a contract awarded to Strategic Mobilisation Limited (SML) that prosecutors say caused a financial loss of over GH¢1.4 billion, as well as the GH¢600 million National Cathedral project and ambulance and electricity company procurement deals.
Ofori-Atta has declined consular assistance from Ghana’s Embassy in Washington and has relied exclusively on his private legal team throughout the proceedings. The Mahama administration has framed his extradition as central to its Operation Recover All Loot (ORAL) anti-corruption initiative, making the case one of the most politically symbolic legal confrontations of the current government’s first year in office.

