Ofori Atta case: Arthur Kennedy urges voluntary return; Ayikoi Otoo backs trial in absentia
Two stalwarts of the New Patriotic Party (NPP) have advanced contrasting views on the state’s pursuit of former Finance Minister, Ken Ofori-Atta, over matters of accountability during his stewardship.
One-time presidential candidate hopeful, Dr Arthur Kobina Kennedy, says Mr Ofori-Atta must voluntarily return to Ghana to face the alleged corruption and related offences levelled against him by the state, while a former Attorney-General (A-G), Nii Ayikoi Otoo, has insisted that the state should go ahead with a trial in absentia if authorities believe the former minister has issues to answer.
In separate interviews with the Daily Graphic, the two discussed their opinions on the basis of principle, law and humanity.
Context
Mr Ofori-Atta is currently facing extradition from the US, where he remains in detention since officials of the Immigration and Customs Enforcement (ICE) arrested him on January 6, this year.
In Ghana, authorities have declared him wanted over charges bordering on alleged corruption and procurement breaches.
Meanwhile, his American visa has been revoked since July, 2025 after Ghana applied for his extradition to face corruption-related charges back home.
Voluntary return
US-based Dr Kennedy stated: “I think he needs to go to Ghana and answer questions.
And my prediction is that he will voluntarily go back to Ghana”.
He said Mr Ofori-Atta's lawyers should advise him to return to Ghana, where he could be charged and released on bail.
“If he went to Ghana, they would just charge him and release him on bail.
So, I think that he and his lawyers, sooner or later, will come to the conclusion that he's better off going to Ghana as soon as possible,” he said.
Dr Kennedy said the visa-related issue faced by Mr Ofori-Atta in the US was not going to end now, and could leave him in detention for long, stressing that he would, therefore, be better off if he returned to Ghana as soon as possible since it looked as though he could stay in detention as long as the case remained in litigation.
The former A-G, however, said while the Ghanaian system was still carrying out investigations on Mr Ofori-Atta, there was no need requesting for his extradition to Ghana to face trial.
He pointed out that it was only after a court in Ghana, based on strong evidence, had succeeded in trying, convicting and sentencing Mr Ofori-Atta in absentia that the A-G could request for his extradition to Ghana for him to serve his sentence.
“I do not know if he has succeeded in getting the American authorities to bring him down; otherwise, where he (Ofori-Atta) stays will not affect his trial,” he said.
Use video link
“In Ghana now, you can give evidence through a video link since we have tried people using video links. So, Mr Ofori-Atta can give his evidence through video link, and if he is properly arrested and convicted, you can now ask that he should be brought down for punishment,” the former A-G said.
Mr Ofori-Atta is due to be heard in a US court today on matters related to his revoked visa and expiration of his stay in the US along with the prospect of extradition.
The former A-G challenged the moral high grounds of some people who were demanding that Mr Ofori-Atta should make himself available in Ghana if he had not done anything wrong.
Such demands, he said, were not in good faith since Mr Ofori-Atta had been suffering from prostate cancer and was undergoing treatment in the US.
“So, it is not like Ofori-Atta has run away from the country and is only living in the US,” he said.
Nii Otoo recalled that when the Office of the Special Prosecutor asked Mr Ofori-Atta to personally come back to Ghana to answer questions or assist in investigation, he disagreed on the grounds that the OSP “was going about it in the wrong way”.
He cited how former Microfinance and Small Loans Centre (MASLOC) boss, Sedina Tamakloe-Attionu, was tried, convicted and sentenced in absentia because she did not make herself available.
“So, what is the big deal when you are doing an investigation and you say that until the suspect appears, you will not continue?
“That is wrong because there is a constitutional provision of protection given to a suspect to refuse to speak, even if he appears before you,” the former A-G said.
He added that: “If I speak and it can be used against me in court, and, therefore, I refuse to speak, which is my right, should you compel me to come and appear before you can go and do you investigation?”
He compared the case of Mr Ofori-Atta with that of former WikiLeaks founder, Julian Assange, who was indicted but decided to fight against his extradition when he fled to the Ecuadorian embassy in London, and said everybody had the right to fight his extradition.
“There is nothing wrong with Mr Ofori-Atta fighting his extradition to Ghana as he is only taking his legal rights seriously, and that cannot be taken away from him,” he said.
