Professor Kojo Appiagyei Atuah, Senior Lecturer at the School of Law, University of Ghana, has indicated that former Finance Minister Ken Ofori-Atta has the option to return to Ghana, a move that would effectively bring an end to his ongoing legal matters in both the United States and Ghana.
Speaking on Joy FM on Wednesday, Professor Atuah commented on Mr Ofori-Atta’s first appearance in a US court on Tuesday, where he faces allegations of staying in the country illegally.
According to the law academic, if the former minister chooses to exit the United States voluntarily, the immigration case against him would automatically be concluded there and also nullify the extradition proceedings initiated by the Ghanaian government.
“If on his own, he decides to return to Ghana, he has the right to do so. He has the right to freedom of movement, and freedom of movement means that he can leave any country at anytime. There is only a restriction on entering another country which calls for a visa. So if he is exiting the country, he has the right to do that any day, anytime.”
“That will end the case. Both the extradition case and the immigration case against him,” he said.
In the U.S
Ken Ofori-Atta appeared before a United States court on Tuesday, January 20, following actions taken by U.S. immigration authorities over his legal status in the country.
Mr Ofori-Atta was apprehended by Immigration and Customs Enforcement (ICE) on January 6, 2026, at his residence in the Westlight Building in D.C., following the revocation of his visa in mid-2025.
He was put before a Virginia court where immigration judge David Gardey heard the case.
After a brief court proceeding, the case has been adjourned to April 27, 2026.
Read also: Ken Ofori-Atta’s U.S. immigration case hearing
Back at home
Pressure group, Arise Ghana, on Tuesday, January 20, mounted a protest outside the United States Embassy in Accra, calling for the immediate return of Mr Ofori-Atta to face investigations into alleged financial misconduct.
The protest amplifies pressure on authorities as Ghana’s Office of the Special Prosecutor continues its probe into several transactions approved during Mr Ofori-Atta’s tenure from 2017 to 2024.
The group argues that his continued stay overseas undermines public confidence in the accountability process.
His crimes
The Office of the Special Prosecutor in November 2025 officially charged the former Finance Minister, Strategic Mobilisation Limited (SML), and six others for corruption and corruption-related offences.
In all, there are 78 counts of corruption and corruption-related offences. The other accused are Ernest Darko Akore, aged 67, Chef de Cabinet to the Minister of Finance, Emmanuel Kofi Nti (66), former Commissioner-General of Ghana Revenue Authority (GRA), and Ammishaddai Owusu-Amoah (64), former Commissioner-General of GRA.
The prosecution alleges a long-running conspiracy (described as a “criminal enterprise”) from 2017 to 2024, designed to illegally award lucrative government contracts to SML. The key facets of this enterprise were:
Illegal Procurement: The awarding of contracts to SML through the single-source method without the legally required prior approval from the Public Procurement Authority (PPA) Board and, for larger contracts, Parliament.
False Pretences: Securing contracts based on wilful misrepresentations about SML’s capabilities, including false claims about its technical expertise, financial backing, and ownership of proprietary technology from a multinational partner (COTECNA S.A.).
Payment for No Service: Placing SML on an “automatic payment mode” and causing the state to pay massive sums without any validation, evidence of performance, or actual work done.
Abuse of Office: Public officials corruptly using their positions for the private profit of SML and its owner, Evans Adusei.
The charges also highlight the contracts and financial losses to the State. The charges relate to several contracts awarded to SML, leading to immense alleged financial losses for the state:
Potential Future Loss: An additional contract for upstream petroleum and minerals audit, worth an estimated US$2,799,604,864.71, was signed but halted before payments began.
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