So we’ve established it: Ken Ofori-Atta’s green card doesn’t block extradition. Permanent residency ≠ immunity.
The real question now: How does a U.S. extradition case actually work? If the OSP, through the Attorney-General, pushes ahead, here’s the 5-step roadmap Ofori-Atta’s case would follow in a U.S. federal court.
Step 1: Ghana Sends the “Extradition Request Packet” via Diplomatic Channels
This is what the OSP meant by “extradition packet”. Ghana can’t just email the U.S. court directly.
The process starts with Ghana’s Ministry of Justice/Attorney-General. They compile:
1. Certified copies of charges/indictment
2. Evidence showing “probable cause” – enough for a U.S. judge to believe a crime was committed
3. Copy of the U.S.-Ghana Extradition Treaty
4. Assurance of fair trial + no death penalty if applicable
That packet goes through Ghana’s Foreign Affairs Ministry → U.S. State Department → U.S. Department of Justice. Only then does DOJ file it in a U.S. federal district court. That’s why the OSP said it’s “not before the immigration court”. Immigration judges never see this packet.
Step 2: U.S. Federal Judge Issues Arrest Warrant + “Extradition Hearing” is Set
Once DOJ receives Ghana’s request, a U.S. Attorney files a “Complaint for Provisional Arrest” in federal court.
A magistrate judge reviews it. If the treaty + basic paperwork check out, the judge signs an arrest warrant. U.S. Marshals or FBI then arrest Ofori-Atta anywhere in the U.S. – green card or not.
He gets a hearing within days. At this hearing, the judge doesn’t decide guilt. Only 4 things:
1. Is there a valid treaty? Yes, U.S.-Ghana treaty from 1935/1970 exists.
2. Is he the person Ghana wants? ID check.
3. Is the offence “extraditable”? Must be a crime in both Ghana + U.S. Fraud, corruption, causing financial loss all qualify as “dual criminality”.
4. Is there probable cause? Not “beyond reasonable doubt”, just “reasonable belief”.
This is low bar compared to a trial. Think “arrest warrant standard”, not “conviction standard”.
Step 3: Defense Fights Back – “Habeas Corpus” + Defenses
Ofori-Atta’s lawyers, who already include former U.S. Attorney General John Ashcroft, can raise defenses. U.S. law limits them, but common ones are:
1. Political offence exception: “This is political persecution, not real crime.” Hard to win for financial crimes.
2. Lack of dual criminality: “This act isn’t a crime in the U.S.” Unlikely for corruption/fraud.
3. Statute of limitations: “Too much time has passed.” Depends on Ghana’s laws + treaty.
4. Human rights risk: “He’ll be tortured or denied fair trial.” Courts take this seriously post-9/11.
They can also file “habeas corpus” petitions to challenge detention. This is where cases drag for months or years. Roman Polanski’s lawyers used this tactic for decades.
Step 4: U.S. Secretary of State Makes the Final Political Decision
Here’s the twist most people don’t know: Even if the U.S. judge says “Yes, extraditable”, Ofori-Atta still isn’t on a plane.
The judge only “certifies” extradition to the U.S. Secretary of State. The Secretary – a political appointee, not a judge – makes the final call. They can refuse extradition for “humanitarian, foreign policy, or national interest” reasons.
Example: The U.S. refused to extradite Roman Polanski from Switzerland partly due to diplomatic pressure + procedural disputes.
For Ghana vs U.S., this is usually diplomatic. If the U.S. wants to keep good relations and the case looks solid, the Secretary signs the “surrender warrant”.
Step 5: Surrender + Trial in Ghana
If the Secretary approves, U.S. Marshals hand Ofori-Atta to Ghanaian officials at an airport. He’s flown to Accra to face trial.
From that point, U.S. courts are done. Ghana’s courts take over. That’s what the OSP meant: “Credibility of charges will be determined by courts in Ghana, who have jurisdiction to determine guilt or innocence.”
The U.S. judge never decided if he’s guilty. Only if there’s enough to send him for Ghana’s courts to decide.
Why This Matters for the Ofori-Atta Case
1. Timeline: This process takes 6 months to 3+ years. Ashcroft’s team knows how to use Step 3 delays.
2. Green card irrelevant at Steps 2-5: A U.S. judge can’t say “but he’s a permanent resident” to block extradition. Only citizenship + no-treaty can block, and Ghana has a treaty.
3. OSP’s strategy: By saying “we’re not in immigration court”, OSP is signaling they’ll fight this in Step 1 + 2, where the legal test is easier for them.
Ken Ofori-Atta now has two legal fights:
1. Immigration fight: Already won. He’s a U.S. permanent resident.
2. Extradition fight: Yet to start. And that’s the fight that decides if he answers charges in Accra.
As President Mahama said, the Court of Appeal is where “errors are corrected and injustices reversed”. For Ofori-Atta, the U.S. District Court for extradition is the next court of correction.
Alexander Afriyie, Supervising Editor, Ghanacrimereport.com and Ghanatalk.com