Ken Ofori-Atta is the former Minister of Finance
The former Deputy Attorney-General Alfred Tuah-Yeboah has outlined some of the legal arguments that the former Finance minister Ken Ofori-Atta’s lawyers in the US are likely to raise in the event of extradition proceedings.
Speaking on JoyNews’ Newsfile on Saturday, December 20, 2025, Tuah-Yeboah stated that one of the potential defenses Ofori-Atta could raise under the 1931 extradition treaty is political prosecution.
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He explained that if Ofori-Atta succeeds with such an argument, his extradition would be jeopardised, and he would not be brought back to Ghana.
“… But per the [1931 extradition] treaty also, Ofori-Atta has certain defenses that he can raise. One of them is when he alleges that he’s been politically pursued or prosecuted. If that argument succeeds in the US court, he will not be brought to Ghana,” he explained.
Tuah-Yeboah further disclosed that issues of fundamental rights violation could also be raised by Ofori-Atta’s lawyers in the US court, which could potentially lead to his extradition process failing completely.
“Another argument he can put up is that if he is brought back to Ghana, his fundamental rights will be violated, especially when it comes to torture and you know there’s a convention against torture… I can assure you if he’s able to prove it, he will definitely not be brought to Ghana,” he continued.
He added, “It’s a long journey that we have to go. It’s a defense available to whether he’s going to activate it. I’m just trying to give a general education. I mean, we are in a democratic state, and with issues of human rights, people will be able to raise them because of their constitutional rights but I’m just highlighting some of the things that his lawyers there are likely to raise when it comes to the extradition proceedings in the US.”
Tuah-Yeboah, also the former Deputy Minister of Justice, referenced how the 1931 extradition treaty between Ghana and the US specifies the offenses that could trigger extradition.
According to him, the US would also need to determine whether the charge sheet against Ofori-Atta is sufficient to initiate his extradition proceedings.
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“If you look at the Article 3 of the [1931 extradition] treaty, it details the offenses under which the extradition could be triggered in the US. I’ve looked at a charge sheet which has been prepared by the OSP, and I’m not going to make any judgment on it but that charge has to be evaluated by the US to see whether there is merit to warrant the commencement of extradition proceedings in the US,” he explained.
MAG/EB
Source:
www.ghanaweb.com
