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Ofori-Atta detention by ICE: We can’t readily say this will make the extradition easy – Kpebu

Private Legal Practitioner, Martin Kpebu has said the detention of former Finance Minister, Ken Ofori-Atta by the United States Immigration and Customs Enforcement (ICE) will not necessarily make his extradition to Ghana easy.

Private Legal Practitioner, Martin Kpebu has said the detention of former Finance Minister, Ken Ofori-Atta by the United States Immigration and Customs Enforcement (ICE) will not necessarily make his extradition to Ghana easy.

Kpebu explained that the extradition request is entirely different from Ofori-Atta’s arrest over visa violation in the U.S.

Speaking on TV3’s Ghana Tonight, Thursday, January 8, 2025, he noted that the extradition is rather a complex process with several legal processes that could take a long time.

“What I can say, cut to the chase, is we cannot readily say that this arrest by itself makes the extradition easy. No, remember the two are separate.

“Currently, he has been arrested by ICE because of a visa violation. That is his stay in America. The extradition request is a separate request by the government of Ghana that he should be brought back to Ghana to face criminal charges in the SML matter,” he stated.

According to Kpebu, the detention by ICE will only make Ofori-Atta’s arrest to face the extradition proceedings easier if at the time, he is still in custody of ICE – which means FBI and US Department of Justice would have to pick him straight from ICE’s custody.

“If ICE doesn’t release him early and he has to go to court fighting ICE for his release, it is possible that the extradition request will travel to the point where he needs to be arrested and if at the point that he needs to be arrested he is in the custody of ICE, then it makes it easy because he is in the custody of ICE.

“I’m sure in American law, they would have processes in place to show that even where he is done with ICE, he cannot be released but then he has to be transferred to the FBI, etc for them to continue with the extradition proceedings,” Kpebu added.

It is recalled that on January 7, the United States Immigration and Customs Enforcement (ICE) detained the former Minister for Finance, Mr. Ken Ofori-Atta, regarding the status of his current stay in the United States.

This is contained in a Public Notice issued by his lawyers, Menka-Premo, Osei-Bonsu, Bruce-Cathline and Partners.

The notice said the US legal team is in contact with ICE and expects the matter to be resolved expeditiously.

“Mr. Ofori-Atta has a pending petition for adjustment of status, which authorizes a person to stay in the US legally past the period of validity of their visa. Under US law, a change of status by this method is common,” the lawyers explained.

“The Public is therefore advised to note that Mr. Ken Ofori-Atta, as a law-abiding person, is fully cooperating with ICE to have this issue resolved,” they said.

Mr Ofori-Atta is wanted by the Attorney-General and the Office of the Special Prosecutor for offences related to the SML Deal, National Cathedral project etc.

He is currently in the US seeking medical care for a long-standing illness.

Although his lawyers have promised to ensure his return to Ghana, recent developments indicate that the former Minister of Finance may not return to the jurisdiction.

3News

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