Kwasi Kwarteng: Ghana Can Still Prosecute Ofori-Atta Without Extradition

Private legal practitioner and NPP member Kwasi Kwarteng has indicated that Ghana may not need the physical presence of former Finance Minister Ken Ofori-Atta to proceed with prosecution if extradition efforts from the United States fall through. His comments follow Ofori-Atta’s recent release from the custody of U.S. Immigration and Customs Enforcement over immigration-related issues, as Ghana continues to pursue legal steps to bring him back to face multiple charges. Speaking on Channel One TV’s The Big Issue on Saturday, April 11, Kwarteng emphasised that criminal prosecution is largely evidence-based and does not always depend on the physical presence of the accused in court. According to him, even if extradition proves unsuccessful, the state still has legal avenues to ensure accountability, including initiating and pursuing charges in absentia. He noted that while extradition remains the most desirable option, it should not be seen as the only path available to prosecutors. “Assuming, without admitting, that the state is unable to secure his return through extradition, what becomes the next option?” he questioned, adding that Ofori-Atta is not legally obligated to assist investigators. Kwarteng further explained that the burden of proof lies with the state, and prosecutors can rely on available evidence to build their case regardless of whether the accused is physically present. Ofori-Atta, who served under former President Nana Addo Dankwa Akufo-Addo, is currently facing more than 70 criminal charges in Ghana, largely linked to alleged financial losses to the state. The Government of Ghana has formally initiated extradition proceedings in the United States to secure his return. However, with his release from detention and ongoing legal processes abroad, the timeline and outcome of the extradition bid remain uncertain.