The court appearance follows his recent detention by the United States Immigration and Customs Enforcement (ICE), which has indicated that Mr Ofori-Atta overstayed his visitor visa and has consequently lost his legal status to remain in the country.
According to ICE, the former minister’s visa was not merely expired but was formally revoked by U.S. authorities in June 2025. This position has been confirmed by Ghana’s Deputy Attorney-General Justice Srem Sai, who rejected earlier claims that the issue was a routine visa overstay.
Deputy Attorney-General Justice Srem Sai has stated that the revocation of the visa means Mr Ofori-Atta has effectively been living in the United States without valid immigration status.
“June 2025, his visa was revoked; it’s not an expiration of the visa. The information we have is that his visa was revoked. So he has been living in America without a visa,” Justice Srem Sai explained during an appearance on TV3’s Key Points programme.
He further disclosed that Ghanaian authorities collaborated closely with U.S. law enforcement agencies in the process that led to the former minister’s detention.
“We are keenly involved in this matter. We collaborate with law enforcement agencies on this matter,” he added.
Possible extradition to Ghana
Officials have suggested that the court proceedings could determine whether Mr Ofori-Atta will be extradited to Ghana, where he is wanted by the Attorney-General’s Department and the Office of the Special Prosecutor.
He is being sought for investigations relating to alleged financial improprieties, including matters connected to the SML deal and the National Cathedral project.
Justice Srem Sai has hinted that the former minister’s return to Ghana could happen sooner than expected.
“Ofori-Atta could be back in Ghana sooner than expected,” he remarked.
Legal team responds
In a public notice issued on January 7, 2026, Mr Ofori-Atta’s lawyers in the United States, Menka-Premo, Osei-Bonsu, Bruce-Cathline and Partners, confirmed his detention by ICE but insisted that he is cooperating fully with authorities.
The legal team explained that the former minister has a pending petition for adjustment of status, which they say authorises a person to remain in the U.S. legally beyond the period of visa validity.
“Mr. Ofori-Atta has a pending petition for adjustment of status, which authorises 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 statement noted.
They further assured the public that he is “a law-abiding person” who is working to have the matter resolved expeditiously.
Mr Ofori-Atta has been in the United States seeking medical care for a long-standing illness. However, the ongoing immigration case has complicated his stay and raised questions about whether he will be able to remain in the country.
Although his lawyers have previously indicated that he would return to Ghana when required, recent developments suggest that his return may now be determined by the outcome of the U.S. legal process.
Today’s court hearing is expected to provide greater clarity on his immigration status and any potential extradition proceedings.
