Here is why A-G will not be able to extradite Ken Ofori-Atta to Ghana
Private legal practitioner Austin Brako-Powers has said the Attorney-General is unlikely to succeed in efforts to extradite former Finance Minister Ken Ofori-Atta to Ghana to face corruption-related charges.
Speaking on TV3 on December 19, 2025, Brako-Powers said the Attorney-General’s handling of the case has given it a political tone, especially through what he described as prejudicial public commentary, which could affect the extradition process with US authorities.
According to him, the final decision on whether to surrender a fugitive lies with the US Secretary of State, who has wide discretionary powers.
He insisted that based on public statements made by the Attorney-General and the Special Prosecutor, Ghana’s extradition request is unlikely to succeed.
Brako-Powers said the Attorney-General should have restricted himself to presenting the facts uncovered through investigations instead of making comments he described as hasty and damaging.
“I am saying that the Attorney-General will not be successful in extraditing Ken Ofori-Atta to this country. I am saying that and you well-articulated the US Secretary of State within ultimate discretion deciding whether or not to surrender a fugitive.
“I am saying that based on the public commentaries of the Attorney-General and the Special Prosecutor, they will not, mark it, they will not be able to extradite Ken Ofori-Atta,” he stated.
He warned that such public statements could negatively affect how US authorities assess Ghana’s request.
He described the case as a sensitive, high-profile matter involving a former finance minister and a key figure in the previous administration, which would naturally attract close scrutiny in the United States.
He noted that issues such as motive, fairness in prosecution, and political neutrality would be examined, and that continued prejudicial commentary could weaken Ghana’s credibility.
“I shudder to say the A-G will struggle to extradite Ken Ofori-Atta to this country. This is a high-profile extradition case involving a former finance minister, in fact a central figure in the previous administration. Ordinarily this case will attract significant and intense attention in the US and key questions like the motive, prosecutorial fairness and political neutrality will come in.
“And compounding these challenges are the persistent prejudicial public commentaries by the Attorney-General and the Special Prosecutor on this very matter. Such remarks risk undermining Ghana’s credibility as a requesting state,” he added.
Asked to cite examples of prejudicial comments, Brako-Powers pointed to press conferences where the Attorney-General publicly stated there was sufficient evidence linking individuals to criminal conduct and expressed confidence in securing convictions and imprisonment, which he said compromises fairness.
Meanwhile, Attorney-General Dr Dominic Ayine has filed an official extradition request with US authorities for Ken Ofori-Atta to return to Ghana to face prosecution over alleged corruption.
Ofori-Atta and seven others have been charged with 78 counts of corruption and related offences.
The other accused persons are Ernest Darko Akore, Emmanuel Kofi Nti, Ammishaddai Owusu Amoah, Isaac Crenstil, Kwadwo Damoah, Evans Adusei, and Strategic Mobilisation Limited (SML).
The former finance minister is expected to be tried in absentia, as he has not returned to Ghana after travelling to the United States…CONTINUE MORE READING>>>