Accra: International and constitutional lawyer Amanda Akuokor Clinton has emphasized that the recent US immigration ruling in favor of Ghana's former Finance Minister, Ken Ofori-Atta, should not be misconstrued as protection from extradition. Clinton highlighted that immigration status and criminal surrender proceedings are governed by separate legal frameworks.
According to Ghana Web, Amanda Clinton shared on her Facebook page that obtaining a green card allows an individual to reside in the United States but does not impede extradition processes, which are dictated by international treaties. She clarified that the US court's decision does not negate the criminal charges against Ofori-Atta in Ghana.
Clinton explained, "The reported immigration ruling therefore does not prevent Ghana from continuing to seek Mr Ofori-Atta's return. It does not annul the criminal charges filed in Ghana. It does not amount to an acquittal, and it does not confer immunity from extradition. A green card is permission to live in America; it is not diplomatic protection from the reach of an extradition treaty."
The US court recently approved Ofori-Atta's I-485 petition, a significant step towards obtaining lawful permanent resident status. Clinton pointed out that the potential success of any extradition request will rely on the evidence presented, procedural fairness, and the diplomatic assurances provided by Ghana.
Amanda Clinton further noted, "He can now defend any extradition request from the firmer ground of lawful permanent residence, supported by family ties, medical evidence, and whatever political-persecution material his lawyers have assembled. That ground is firmer. It is not impregnable."
The case against Ofori-Atta in Ghana involves multiple criminal allegations related to financial irregularities, including a contract with Strategic Mobilisation Limited that allegedly caused over GHS1.4 billion in losses to the state. The US court's decision considered these allegations, alongside the assertion by the Office of the Special Prosecutor that Ofori-Atta was a fugitive while receiving medical treatment in the US.
Ofori-Atta's defense highlighted issues with the process employed by Ghanaian authorities in pursuing the case, as reported by a witness with expertise in international policing and INTERPOL procedures.