Wednesday, 17 June

US Green Card approval won't shield Ofori-Atta from extradition, says legal practitioner Amanda Clinton

News
Kenneth Nana Yaw Ofori-Atta

Private legal practitioner Amanda Clinton has stated that reports of former Finance Minister Kenneth Nana Yaw Ofori-Atta securing permanent residency in the United States do not place him out of reach of Ghanaian authorities, even though it may complicate ongoing extradition efforts.

Speaking on JoyFM’s Top Story on Tuesday, June 16, the Head of Chambers of Clinton Consultancy explained that a U.S. Green Card does not confer immunity from extradition proceedings, noting that even American passport holders can be lawfully extradited if relevant treaty obligations exist between countries.

The public debate follows reports that Mr. Ofori-Atta obtained permanent residency while facing criminal charges filed by Ghana's Office of the Special Prosecutor (OSP) regarding transactions overseen during his tenure as Finance Minister.

Ms. Clinton noted that while the new immigration status does not extinguish the legal process, it makes Ghana's task harder because the former minister's legal team can strengthen his defense with humanitarian, discretionary, or political persecution arguments.

She suggested his defense could rely heavily on claims that the charges are not genuine but are instead politically motivated scapegoating tied to the new government's Operation Recover All Loot (ORAL) mission.

She added that the intense public attention and volume of media coverage painting him as a villain before trial could give his lawyers a strong basis to argue persecution.

Ultimately, Ms. Clinton emphasised that the final decision to surrender him under the U.S. legal system rests with the U.S. Secretary of State, who will consider these various factors alongside the legal arguments.

To counter this defense and secure his return, Ms. Clinton advised that Ghanaian authorities must strongly assert the country's sovereignty and demonstrate that the OSP's charges are properly brought under Ghanaian law and represent legitimate criminal offenses comparable to those prosecuted within the United States.

Meanwhile, the OSP continues its active legal processes for extradition, maintaining that Mr. Ofori-Atta remains a Ghanaian citizen subject to national jurisdiction, and clarifying that the actual merits of the criminal charges can only be determined by Ghanaian courts.

Source: classfmonline.com