Part (3) of many: Why US not likely to extradite Ken Ofori-Atta despite A-G's request
The Attorney-General and Minister for Justice, Dr. Dominic Akuritinga Ayine, has disclosed that former Finance Minister, Mr. Ken Ofori-Atta, has hired highly experienced legal counsel in the United States to challenge efforts to extradite him to Ghana, but insists the government remains confident in the strength of its case.
Dr. Ayine made the revelation while responding to questions from journalists at the Government Accountability Series in Accra, where he briefed the public on steps being taken to secure the former minister’s return to Ghana to face trial.
According to legal analysts, lawyers for Mr. Ofori-Atta are expected to argue that he is a political fugitive who is being persecuted, a line of defense that could prompt U.S. authorities to closely examine potential human rights concerns, given the political dimensions the case has assumed.
This will lead the US government to uphold his human rights in accordance with the international treaty.
It is, however, not clear whether the former Finance Minister has sought asylum in the US
Despite this anticipated defense, the Attorney-General stressed that Ghana has fully complied with all legal and procedural requirements governing extradition.
He explained that extradition is a judicial rather than an administrative process, and must therefore be determined by the courts.
As such, U.S. judges will examine the evidence presented before deciding whether the former finance minister should be returned to Ghana.
Dr. Ayine cautioned the public against expecting a swift outcome, noting that extradition proceedings are often lengthy because the individual involved has the right to challenge decisions at several levels of the U.S. judicial system, including appeals to higher courts and, potentially, the U.S. Supreme Court.
“Extradition is a legal process that takes time. If a lower court dismisses the request, the person has the right to appeal,” he said, adding that the government had a responsibility to be transparent with Ghanaians and manage expectations.
Despite the legal hurdles, Dr. Ayine said he was not intimidated by the calibre of lawyers engaged by Mr. Ofori-Atta, emphasising that all the necessary steps had been properly taken to support Ghana’s extradition request.
He reaffirmed the commitment of the government of President John Dramani Mahama to accountability, assuring that Mr. Ofori-Atta would be treated fairly and accorded due process should he be extradited to Ghana.
Meanwhile, the Chargé d’Affaires at the U.S. Embassy in Accra, Mr. Rolf Olson, has indicated that the United States has established processes and protocols that would be activated should Ghana formally request the extradition of any individual.
Mr. Olson made the remarks during a media roundtable discussion with the visiting Deputy Assistant Secretary for West Africa at the U.S. Department of State’s Bureau of African Affairs, Mr. William B. Stevens. He noted that U.S. authorities would follow due process in handling any such request in line with the rule of law and established legal frameworks.
Source: Classfmonline.com/Cecil Mensah
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