Ghana dispatch: former finance minister granted permanent residence in the US, thwarting extradition efforts Dispatches
Owula kpakpo, CC BY-SA 4.0, via Wikimedia Commons
Ghana dispatch: former finance minister granted permanent residence in the US, thwarting extradition efforts

In a January dispatch by JURIST, we noted that former Ghana Finance Minister Kenneth Ofori-Atta was detained by US Immigration and Customs Enforcement (ICE) pursuant to Ghana’s December 10 formal extradition request to the US Department of Justice for Ofori-Atta, who faces 78 counts of corruption and corruption-related offenses. However, on June 5, ICE’s removal proceedings against him were terminated after a US immigration court approved his application for permanent resident status (Form I-485).

The court based its decision in part on a finding that Ghana had acted with prejudice in branding Ofori-Atta a fugitive from justice—notwithstanding his medical treatment in the United States and his legal team’s continued engagement with investigators. It also found that the Ghanaian government’s charges against Ofori-Atta lacked credibility. The US immigration court’s decision has provoked widespread outrage among Ghanaians, who regard it as emblematic of impunity—a cancer that has impeded Ghana’s development since the post-colonial period. Public frustration seems justified by Ofori-Atta’s deep ties to the US government, which some argue influenced the decision.

Yet, framing the decision solely as a matter of impunity may oversimplify its legal and diplomatic implications. Domicile of choice or permanent residence falls within the realm of private international law. In the landmark 1869 case Udny v Udny, Lord Westbury defined it as “the conclusion or inference which the law derives from the fact of a man fixing voluntarily his sole or chief residence in a particular place, with an intention of continuing to reside there for an unlimited time.” Its essential elements are therefore twofold: intention and voluntariness—that is, residence freely chosen and intended to be indefinite, rather than compelled by external necessity such as official duty, pursuit of creditors, or the need for medical treatment. In contrast, citizenship is governed by a state’s municipal laws and involves swearing allegiance in exchange for certain rights and protections.

Under conflict of laws principles, acquiring a domicile of choice abroad does not extinguish a person’s domicile of origin; it merely renders it dormant. A person’s domicile of origin is immediately revived upon losing the domicile of choice. This principle holds equally within Ghanaian conflict of laws, where the domicile of origin survives even when an individual naturalises in a foreign state, as was established in the Amponsah v Amponsah case. Thus, Ghana retains jurisdiction over its citizens even when they reside abroad, as citizenship itself is a significant connecting factor. Unlike permanent residence or domicile—both subject to conflict of laws rules—citizenship is deeply tied to state sovereignty and may trigger international disputes.

The US immigration court’s grant of permanent residence to Ofori-Atta does not nullify Ghana’s extradition request, but it complicates the process. Had Ofori-Atta remained a mere visa overstayer, his unlawful presence would have made Ghana’s prospects for extradition stronger. Now, his legal status in the US elevates the extradition threshold to a level comparable to that of a US citizen.

This legal shift raises the question of impunity. Impunity simply means exemption from punishment or from the negative consequences that ordinarily attach to a wrongful act. The Ghanaian populace’s perception of impunity in this matter may be traced, in part, to the conflict of laws rule governing domicile of choice. As established, the acquisition of a domicile of choice must not be motivated by external necessity; in this context, an apparent attempt to escape criminal prosecution. The grant of permanent residence, notwithstanding this consideration, lends credence to the public perception of impunity. Furthermore, the immigration court’s finding that Ghana’s corruption charges lacked credibility is hard to reconcile with the extradition of Sedinam Tamakloe-Attinou, former CEO of Ghana’s Microfinance and Small Loans Centre (MASLOC). Tamakloe-Attinou was extradited from the US to Ghana on June 9, 2026, on over 70 similar corruption-related offences. The discrepancy between these cases risks eroding trust in cross-border legal cooperation.

While the US has the sovereign right to determine who may obtain citizenship or permanent residence, international law principles—such as comity and reciprocity—require states to adopt measures to prevent harm when one state’s interests are undermined by another’s exercise of sovereignty. The grant of permanent residence to Ofori-Atta thus creates an additional obstacle to Ghana’s case, prejudicing its interests and undermining global commitments to peace and interstate cooperation. This tension arguably underscores the need for an international tribunal, akin to the International Criminal Court (ICC), to adjudicate disputes where one state’s sovereignty conflicts with another’s.

 

Opinions expressed in JURIST Dispatches are solely those of our correspondents in the field and do not necessarily reflect the views of JURIST's editors, staff, donors or the University of Pittsburgh.
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