A member of the legal team of former Finance Minister Ken Ofori-Atta has confirmed that lawyers in the United States have filed a court process to challenge the actions of the US Immigration and Customs Enforcement (ICE) following Mr Ofori-Atta’s detention.
Speaking on Prime Insight on Joy Prime on Saturday, January 10, Frank Davies said the legal team in the US has already taken steps to contest the legality of the former minister’s custody.
“We all know Ken Ofori-Atta has been picked up by ICE. We all know he’s in custody. What every diligent lawyer would do is to assure himself or herself of the processes attendant on the custody.”
He disclosed that a formal legal challenge has been initiated and will be heard in court later this month.
“The lawyers in America have filed the process in court. A process has been filed in court to challenge his custody in ICE detention, and that process will be heard later this month.”
According to him, the Ghanaian legal team is working closely with lawyers in the United States to ensure the matter is properly addressed.
“That is why we are here as lawyers, because we have a collaboration and teamwork with American lawyers. The position now is that the lawyers in America have filed a process in court to challenge what ICE has done, and that process will be dealt with very, very soon.”
He added that the merits of the case will be considered shortly by the court.
“The lawyers have activated a process in court. They have filed the process, and the merits of that process will be heard pretty soon,” he said.
Responding to questions about what he said some time ago that Mr Ofori-Atta will return to Ghana when he is done with his treatment, Mr Davies said the former Finance Minister’s position has not changed.
“He has not changed his mind one bit. But we should all bear in mind that if you go for a major surgery, you should take advice from your medical team as to when you can embark on a travel.”
He explained that Mr Ofori-Atta is currently recovering and remains in close consultation with his doctors.
“Ken is consulting with his medical team on a daily basis. He’s going through the recuperative stage, and if it is all clear for him to come to Ghana, he will come. If his doctor gives him an all clear, he will make himself available.”
Mr Davies also revealed that the former Finance Minister had earlier applied for an adjustment of his immigration status, which was still pending at the time of his arrest.
“He has put in a petition for an adjustment of his immigration status. The lawyers in America have activated the process in court to challenge why they picked him up while he has a petition pending. So he is not an illegal immigrant,” Mr Davies stated.
Addressing speculation about what may have led to Mr Ofori-Atta’s arrest, Mr Davies said he would not engage in rumours or unverified claims.
“My answer remains the same. I don’t deal in rumours. I deal with the facts as they come.”
He added that what is known is that the arrest happened despite the pending immigration petition.
“What I know is that they picked him up not knowing that he had filed a petition to adjust his immigration status,” he said.
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