Former Finance Minister Kenneth Ofori-Atta has secured permanent residency status in the United States. A US immigration court approved his application for an adjustment of immigration status, according to his lawyer, Frank Davies. This decision now places the responsibility on Ghanaian authorities to determine their subsequent actions regarding Mr Ofori-Atta.
Mr Davies confirmed the court's approval of Mr Ofori-Atta's application. The ruling enables him to reside permanently in the United States. This outcome followed presentations by the U.S. Department of Homeland Security, the Department of Justice, and Mr Ofori-Atta’s legal team. The announcement came on Tuesday, June 15.
This development is significant within Ghana's political landscape, particularly regarding accountability in public office. The Office of the Special Prosecutor (OSP) has requested Mr Ofori-Atta's cooperation in ongoing investigations. Public interest in Mr Ofori-Atta’s interactions with Ghanaian investigative bodies remains high. His extended stay abroad has previously raised questions about his availability for these inquiries.
Frank Davies, Mr Ofori-Atta's lawyer, emphasized that the immigration decision changes the circumstances of his client's stay in the US. Mr Davies stated, “It is up to the authorities in Ghana to explore whatever arrangements they have.” He added that Mr Ofori-Atta will now enjoy permanent residence in the United States. The lawyer also mentioned that a master hearing scheduled for July 15, related to immigration status, is now effectively superseded by this ruling. This implies a significant shift in Mr Ofori-Atta's ability to remain in the US indefinitely.
The implications of this ruling are substantial for Ghana's anti-corruption efforts and the OSP's ongoing investigations. The OSP has previously stated that the 'Green Card' decision does not invalidate potential charges against Mr Ofori-Atta. However, pursuing investigations and potential legal action becomes more complex with an individual residing permanently outside the country. Ghanaian authorities may need to consider international legal cooperation mechanisms for future engagements. This situation highlights the challenges of prosecuting individuals who relocate internationally while subject to domestic investigations and signals a period of strategic reconsideration for key Ghanaian institutions.
Mr Davies maintained that his client has not received formal notification of any criminal charges in Ghana. He argued that it would be difficult for Mr Ofori-Atta to respond to allegations without official knowledge. This position complicates any potential requests for his return or testimony. The OSP will likely need to navigate diplomatic and legal channels to advance its inquiries. This decision marks a new chapter in the ongoing public and legal scrutiny surrounding the former Finance Minister.