Lawyer for Ken Ofori-Atta says client will cooperate but rights must be respected

Former Finance Minister Ken Ofori-Atta’s legal representatives have pushed back against elements of the Ghanaian government’s extradition effort, framing parts of the process as legally unjustified while affirming their client’s willingness to cooperate with Ghana’s legal system.

The government of Ghana, through the Attorney-General and Minister for Justice Dr Dominic Ayine, formally submitted an extradition request to authorities in the United States for Mr Ofori-Atta and his former Chef de Cabinet, Ernest Darko Akore. The request seeks to have them returned to Ghana to face a total of 78 corruption and corruption-related offences filed by the Office of the Special Prosecutor (OSP). 

In response, Mr Ofori-Atta’s international counsel in the United States, Enayat Qasimi, has criticised aspects of the process, particularly the conduct of Ghanaian authorities.

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In statements made during an interview with the BBC, Qasimi described the issuance of an INTERPOL Red Notice as unnecessary and asserted that Ghanaian authorities were fully aware of Mr Ofori-Atta’s location in the United States, where he has been receiving medical treatment.

He argued that the Red Notice and related measures were disproportionate given that Ofori-Atta had not concealed his whereabouts from investigators. 

Qasimi has also raised concerns about whether his client’s constitutional rights under Ghanaian law have been respected throughout the investigative and extradition process.

According to the lawyer, Mr Ofori-Atta “is fully committed to complying with the laws of Ghana and answering for anything he did while serving as Finance Minister,” but this commitment, he says, should not absolve authorities from respecting procedural safeguards and individual rights. 

The legal team has sought to counter narratives that Mr Ofori-Atta is evading justice, emphasising instead that he will answer to the charges when a legal framework that fully protects his rights is observed. In this context, Qasimi and others have described parts of the prosecution as politically motivated, an assertion that could shape defence strategy as the case moves through the U.S. legal system. 

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Another strand of legal commentary from Ghana suggests broader doubt among some private practitioners about the prospects of successful extradition.

For example, private lawyer Austin Brako-Powers has argued publicly that the Attorney-General may face difficulty securing Ofori-Atta’s return, with statements by prosecuting authorities potentially weakening the government’s position before U.S. courts. 

The government maintains that the extradition request is now in the hands of U.S. judicial authorities, meaning that American courts will decide whether the legal threshold for extradition has been met.

The Attorney-General has acknowledged that Ofori-Atta’s hiring of experienced U.S. lawyers heralds a likely extended legal battle. 

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