Investigations take time - OSP's response to A-G on Ken Ofori-Atta's extradition request
Kissi Agyebeng - Special Prosecutor
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Investigations take time - OSP's response to A-G on Ken Ofori-Atta's extradition request

The Office of the Special Prosecutor has responded to the Attorney-General and Minister of Justice on the investigations in relation to Ken Ofori-Atta, former Minister of Finance and the preparation of a request for his extradition to Ghana.

A Deputy Attorney-General and Minister of Justice, Dr Justice Srem-Sai had said the OSP was yet to provide the investigative docket needed to begin extradition proceedings against Ken Ofori-Atta even after several requests by the Attorney-General.

 Speaking in an interview with GHOne TV on Monday [October 20, 2025] monitored by Graphic Online, Dr Srem-Sai said the Attorney General’s Office had made several formal requests for the documents but has not received any response.

He explained that although the OSP has placed Mr Ofori-Atta on an Interpol red alert, the legal process to bring him back from the United States cannot move forward without the complete docket.

“We’ve made several requests to the OSP, written letters, written demands, asking that now that you’ve announced to the world that you are ready to have this person extradited… we still do not have the docket from the OSP,” Dr Srem-Sai said.

He stated that the Interpol red alert only serves as a notice to the international community that Mr Ofori-Atta is wanted, but it does not amount to an extradition request.

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Attached below is a copy of a statement from the OSP responding to the issue

PRESS STATEMENT

Clarification on the Status, Processes, and Security Protocols in the Matter of Kenneth Ofori Atta Investigations and Extradition Request

The Office of the Special Prosecutor (OSP) has taken note of public discussions and statements made by the Deputy Attorney General in an audio-visual interview on GHOne TV to the effect that the Attorney General's Department has written several letters to the OSP requesting
- the docket on former Finance Minister, Mr. Kenneth Ofori Atta, to trigger his extradition but has not received a response.

The OSP considers it necessary to provide factual clarity on this matter, reaffirm the procedural steps already undertaken, and address security concerns arising from a recent leak of highly sensitive communication that pose grave risks to ongoing investigations and to the safety of OSP personnel.

Pursuant to its statutory powers under the Office of the Special Prosecutor Act, 2017 (Act 959), the OSP commenced corruption and corruption-related investigations involving Mr. Ofori Atta as the prime suspect. The OSP duly notified Mr. Ofori Atta of the investigations and directed his physical appearance before the OSP for questioning. Mr. Ofori Atta, who left the jurisdiction in January 2025, has, by his actions, shown clearly that he is unwilling to voluntarily return to the jurisdiction to attend the OSP.

The OSP's intelligence showed that Mr. Ofori Atta has been residing in the United States of America since January 2025. As a result, the OSP lawfully commenced steps to secure his extradition to Ghana under international legal and diplomatic frameworks.

For the record, by the end of May 2025, the OSP had obtained a judicial warrant of arrest for Mr. Ofori Atta. The OSP then declared Mr. Ofori Atta a fugitive from justice and placed him on the List of Wanted Persons of the OSP.

The Office has since successfully defended several applications filed by Mr. Ofori Atta in the Ghanaian courts in an attempt to have his name removed from the List of Wanted Persons.

In early June 2025, the OSP succesfully caused Mr. Ofori Atta to be placed on the Red Notice of INTERPOL.

Simultaneously, the OSP triggered the process for the extradition of Mr. Ofori Atta through the Chief of Staff at the Presidency on 2 June 2025.

This was for the provisional apprehension of Mr. Ofori Atta in whichever jurisdiction he may be found and located.

The Chief of Staff duly transmitted the OSP's extradition request to the Attorney General on 3 June 2025. The process goes through the Attorney General because his department is the Central Authority for such requests under the Mutual Legal Assistance arrangement.

By a letter dated 13 June 2025, the Attorney General informed the Special Prosecutor of the transmission by the Chief of Staff of the OSP's extradition request.

In the 13 June 2025 letter, the Attorney General requested for two officers of the OSP to be included in a prosecution team. The Attorney General also requested for a copy of the docket.

By a letter dated 20 June 2025, the Special Prosecutor responded to the Attorney General by providing the names and contact details of its two nominees. In respect of the request for a copy of the docket, the Special Prosecutor informed the Attorney General that OSP was in the process of boarding-up the various dockets on the subject, which work had been extended following a search and seizure of documents and computer servers carried out by the OSP and National Security at two offices of Strategic Mobilisation Ghana Limited (SML) on 10 June 2025. In September 2025, the Attorney General followed up with its request.

Beyond the official written communication, there have been progressive discussions involving the Attorney General and the Special Prosecutor on one hand, and the Special Prosecutor and the Deputy Attorney General on another hand in respect of the course of the extradition process.

On the night of Thursday 16 October 2025, the OSP noted a leakage on social media of the communication between the Special Prosecutor and the Chief of Staff; the Chief of Staff and the Attorney General; and the Attorney General and the Special Prosecutor on the matter of the extradition of Mr. Ofori Atta - accompanied by a negative commentary that the OSP was intentionally frustrating the Attorney General in the extradition process. The OSP confidently states that the leakage of the official documents did not arise from its end.

The OSP firmly places it on record that the extradition process was triggered by the OSP based on the outcome of OSP investigations into the tenure of Mr. Ofori Atta as Finance Minister. The OSP is not frustrating and will not frustrate its own extradition request. Therefore, there is absolutely no reason for the Attorney General's Department to feel frustrated, if that is the case, in respect of a matter it is not involved in substantively in respect of the investigation and prosecution of suspected persons - since OSP investigations and prosecutions are independent of any other authority.

Then again, upon the communication to the Attorney General that the investigation had been extended since 10 June 2025 owing to the haul of more evidence at SMI, reasonable patience is required for the detailed examination and analysis of the newly discovere evidence.

The OSP does not sacrifice excellent and professional investigations on perceived frustration over a response.

The OSP emphasises that the extradition process is a multi-agency procedure involving several sequential steps and statutory actors. These include investigation and evidence compilation by the OSP, issuance of an arrest warrant by a competent court, preparation of extradition documentation by the OSP, transmission of the package to the Attorney General as the Central Authority, legal authentication and certification by the Attorney General, diplomatic transmission to the foreign government in question, and response and determination by the foreign jurisdiction in accordance with treaty obligations.

These processes are ongoing effectively. And in the reckoning of the OSP, it is not at loggerheads or in dispute whatsoever with the Attorney General's Department. And the OSP is confident that that should be the position of the Attorney General's Department. Indeed, there is no hint whatsoever of institutional cooperation breakdown between the two authorities.

The two offices are distinct by design but remain complementary arms of justice under Ghana's constitutional architecture. Differences in function do not imply conflict; they ensure accountability through procedural checks and balances.

The OSP will continue to cooperate fully with the Attorney General's Department to ensure that the matter proceeds lawfully and efficiently.

The investigations remain very active, the extradition processes are underway.

The OSP is very much sensitive to the immense public interest attached to the matters involving Mr. Ofori Atta. The Special Prosecutor will brief the public in respect of concluded investigations and their outcomes before the end of October 2025.
20 October 2025

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