Justice Srem-Sai questions OSP’s delay in submitting docket for Ofori-Atta extradition

Legal practitioner Justice Srem-Sai has raised concerns about delays by the Office of the Special Prosecutor (OSP) in submitting an investigative docket to facilitate the extradition of former Finance Minister Ken Ofori-Atta.

Speaking in an interview with GHOne TV, Mr. Srem-Sai revealed that although the OSP has issued an INTERPOL red alert for Mr. Ofori-Atta, the necessary legal steps for extradition have not yet been taken.

“Mr. Ken Ofori-Atta is a subject of a number of investigations. I think the one that is popular is the one that the OSP is conducting, and that is the one that we are made to believe is in an advanced stage where extradition will be required,” he said.

According to him, the INTERPOL alert issued by the OSP is not sufficient to bring Mr. Ofori-Atta back to Ghana. “The INTERPOL alert is not an extradition procedure, so if we really want the person to come, we have to make an extradition request to where we believe he is, which is the US,” he clarified.

Mr. Srem-Sai explained that under Ghanaian law, the Attorney-General’s Department is the only institution authorized to initiate extradition. However, the department has not yet received the required docket from the OSP to proceed.

“We [the Attorney-General’s Department] are the only authority that can make extradition, but we need an investigative docket from the OSP to be able to make this extradition request,” he stated.

He further disclosed that the Attorney-General’s office has made several attempts to obtain the docket from the OSP without success. “As of today, we still do not have a docket from the OSP. We have written letters and made demands to the OSP asking that, now that you have written to the world that you want to have this person extradited, we have been asking for the docket for two months now and we still do not have it,” he lamented.

Justice Srem-Sai’s comments come amid growing public interest in the OSP’s ongoing investigations involving the former minister, with questions being raised about the pace and coordination of the process between the two institutions.

Timelines
In January 2025, the Office of the Special Prosecutor (Ghana) (OSP) informed Ofori-Atta that he was a suspect in five separate corruption and corruption-related investigations.

On 5 February 2025, the OSP rejected claims of his indefinite absence for medical treatment abroad and asked for a firm return date.

On 12 February 2025, the OSP declared him a “wanted person” and a “fugitive from justice”, citing his absence and failure to indicate a reasonable return date.

On 18 February 2025, Ofori-Atta reportedly requested removal from the “Wanted List” and provided a return date (May 2025). The OSP accepted this and temporarily removed his name.

On 17 March 2025, the OSP issued a formal ultimatum: Ofori-Atta must appear in person by 2 June 2025, or his name will be reinstated, he will be declared a fugitive, and the OSP will initiate a Red Notice.

On 2 June 2025, after Ofori-Atta again failed to appear in person, the OSP declared him wanted again and triggered the process for an INTERPOL Red Notice and extradition request.

According to publicly reported Red Notice details: the allegation is “Using Public Office for Profit.”

What the Red Notice Means

A Red Notice issued by INTERPOL is not the same as an arrest warrant. It is a request to member countries to locate and provisionally arrest a person pending extradition.

In this case, the OSP formally requested that process: “About 30 minutes before this brief, I triggered processes for the issuance of an INTERPOL Red Notice for the location and provisional arrest of Mr. Ken Ofori-Atta in whichever jurisdiction, pending extradition or his surrender,” Special Prosecutor, Mr. Kissi Agyabeng said in February.

The OSP has emphasised that Ofori-Atta must be in Ghana in person: “We want him here physically, and we insist on it. A suspect in a criminal investigation does not pick and choose how the investigative body conducts its investigations.”