Private legal practitioner Austin Brako-Powers has argued that the Attorney-General is unlikely to succeed in efforts to extradite former Finance Minister Ken Ofori-Atta to Ghana to answer corruption-related charges.

Speaking on TV3 on December 19, 2025, Brako-Powers said the Attorney-General’s handling of the matter has given it a political tone, particularly through what he described as prejudicial public commentaries. He believes this could derail the extradition process at the level of US authorities.

According to the private legal practitioner, the final decision on whether to hand over a fugitive rests with the US Secretary of State, who has broad discretionary powers.

Ofori-Atta has hired top lawyers in the US but I'm not afraid – AG

He insisted that, based on the public statements made by the Attorney-General and the Special Prosecutor, Ghana’s request will not succeed.

He maintained that the Attorney-General should have limited himself to outlining the facts uncovered through investigations instead of making what he termed hasty and damaging comments.

“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.

Brako-Powers warned that such public pronouncements could negatively influence how US authorities view Ghana’s extradition 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 closely examined, and that continued prejudicial commentary could weaken Ghana’s credibility as the requesting state.

“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.

When asked to point out specific comments he considered prejudicial, Brako-Powers cited instances where the Attorney-General held press conferences and publicly declared that there was sufficient evidence linking an individual to criminal conduct, expressing confidence in securing a conviction and imprisonment. He said such statements compromise the fairness of the process.

Meanwhile, Attorney-General Dr Dominic Ayine has officially filed an extradition request with US authorities seeking the return of Ken Ofori-Atta to Ghana to face prosecution over alleged corruption.

Ofori-Atta, together with seven others, has 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 following his trip to the United States.

AG transmits extradition requests to US authorities for Ken Ofori-Atta and Ernest Akore



AK/AM