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Source [GBC]
The detention of Ghana’s former Finance Minister, Ken Ofori-Atta, in the United States has developed into a complex legal and diplomatic standoff following his targeted arrest in the US capital.
Mr Ofori-Atta was apprehended by US Immigration and Customs Enforcement (ICE) agents at approximately 11:00 am on Tuesday, 6 January. He currently remains in federal custody awaiting a decisive hearing before an immigration judge, scheduled for 20 January.
According to Ghana’s Ambassador to the US, Victor Smith, the Federal Bureau of Investigation (FBI) is also involved in the matter, suggesting the case extends beyond a routine visa violation. While Mr Ofori-Atta’s legal team describes the arrest as an “ambush-style” detention and is moving to challenge it, the upcoming hearing will determine whether he is granted an adjustment of status or faces accelerated repatriation to Accra to answer to 78 counts of corruption.
A Targeted Operation in Washington
Details surrounding the arrest describe a precise operation rather than a standard immigration sweep. On the morning of 6 January, ICE agents surrounded the former minister as he exited the Westlight Building, a luxury apartment complex in Washington D.C.’s West End, where units command prices up to $4.2 million (approximately GH₵45.2 million).
Following his arrest, Mr Ofori-Atta was transported approximately 90 miles to the Caroline Detention Facility in Bowling Green, Virginia. He remains held at this centre, a primary hub for ICE operations in the region.
Investigative journalist Manasseh Azure Awuni remarked, “Everything I’m hearing from sources who were present shows this was a targeted operation. It appeared to be an ambush.”
The Prosecution’s Case: Corruption and Flight
The legal crisis traces back to early 2025. Mr Ofori-Atta departed Ghana on 2 January 2025, ostensibly for medical treatment at the Mayo Clinic. After failing to honour multiple summonses from the Office of the Special Prosecutor (OSP), he was declared a wanted person in February 2025 and labelled a fugitive from justice.
An INTERPOL Red Notice was formally published on 5 June 2025, citing the charge of “Using Public Office for Profit”.
n Accra, the state has filed a 78-count indictment alleging that Mr Ofori-Atta led a “criminal enterprise” resulting in a financial loss of GH₵1.4 billion to the state. The charges focus heavily on the controversial Strategic Mobilisation Limited (SML) contract and the National Cathedral project.
Deputy Attorney-General Dr Justice Srem-Sai has since revealed that Mr Ofori-Atta’s US visa was actively revoked in June 2025. “The information we have is that his visa was revoked… So he has been living in America without a visa,” Dr Srem-Sai stated.
Medical Defence and Legal Strategy
Mr Ofori-Atta’s legal team, which includes a former US Attorney General, vehemently denies the criminal allegations, branding them politically motivated. They maintain that his prolonged stay in the US is strictly for health reasons following a radical prostatectomy performed at the Mayo Clinic on 13 June 2025.
His lawyers argue that the OSP bypassed due process by declaring him a fugitive while he was medically incapacitated. They have filed a court process to challenge his detention, arguing he is not an “illegal immigrant” as a petition for an “adjustment of status” was pending at the time of his arrest.
However, Ghanaian officials have cast doubt on the severity of his current condition. After consulting with ICE, the Ghanaian mission confirmed that medical personnel at the detention centre had assessed Mr Ofori-Atta and deemed him fit for confinement. “The ICE people confirmed that he was all right… they were convinced and were assured that he was okay,” Ambassador Smith noted.
Diplomatic Friction
A rift has emerged between the former minister and the Ghanaian diplomatic mission. Ambassador Smith expressed surprise that Mr Ofori-Atta refused to meet with consular officers who sought to ensure his treatment complied with international protocols.
“Shutting the door in our face and not wanting to see us under any circumstances was a bit unfortunate,” Smith remarked.
It was also disclosed that US authorities are currently holding three of Mr Ofori-Atta’s Ghanaian biometric passports, settling any questions regarding his nationality for immigration purposes.
The 20 January Hearing
The proceedings set for 20 January will take the form of a Master Calendar hearing—a preliminary administrative stage in the US immigration court system. During this session, the judge will formally read the “Notice to Appear”.
This hearing represents a critical juncture where the defence will likely move to consolidate Mr Ofori-Atta’s medical claims into a formal request for “Relief from Removal”. The outcome will dictate whether the case proceeds to a protracted “Merits Hearing” or if the court grants an expedited bond.
Private legal practitioner Martin Kpebu has characterised the situation as a “national embarrassment,” warning, “The longer this goes on, the more we suffer embarrassment as a nation that your finance minister is running away; he is a fugitive from justice.”
As the hearing approaches, the case sits at a delicate intersection of medical rights, diplomatic protocol, and the reach of sovereign legal accountability.
