Former Tamale Central Member of Parliament and lawyer Inusah Fuseini has challenged the legal basis of a U.S. immigration judge’s findings concerning the criminal case against former Finance Minister Ken Ofori-Atta in Ghana.
His comments follow a ruling by a U.S. immigration judge who, during immigration proceedings, reportedly found that documents submitted before the court did not provide sufficient evidence from Ghana’s Office of the Special Prosecutor (OSP) linking Mr. Ofori-Atta to criminal wrongdoing. The finding subsequently paved the way for the approval of his application for lawful permanent residence, commonly known as a green card, in the United States.
Mr. Fuseini, however, argued that the immigration judge’s mandate was limited to determining whether Mr. Ofori-Atta qualified to adjust his immigration status after the expiration of his permission to remain in the United States.
According to him, the affidavit evidence submitted by Mr. Ofori-Atta’s lawyers, including material from the OSP, was intended to support the immigration application and not to invite the U.S. court to determine the merits of criminal allegations pending in Ghana.
“For a judge who is simply sitting down looking at whether or not someone qualifies to adjust his immigration status to make conclusive findings on criminal matters pending before Ghanaian courts is totally, totally out of jurisdiction,” he said.
Mr. Fuseini maintained that criminal jurisdiction is generally territorial, meaning that countries exercise authority over criminal offences committed within their own territories.
He argued that the U.S. court therefore had no jurisdiction over criminal proceedings taking place in Ghana, except where specific international agreements or treaties provide otherwise.
Citing the International Criminal Court (ICC) as an example, he explained that countries may voluntarily accept certain forms of international criminal jurisdiction through established legal frameworks.
“America clearly has no jurisdiction over the criminal trial that is happening in Ghana,” he stated, adding that the United States does not subscribe to the ICC framework.
Mr. Fuseini stressed that the immigration judge was required only to assess matters relevant to Mr. Ofori-Atta’s eligibility for a change in immigration status and was not legally empowered to determine whether he had committed any criminal offence in Ghana.
He therefore maintained that any findings made in the immigration proceedings should not be interpreted as a final determination on the criminal allegations or proceedings pending before the Ghanaian courts.
Story by Freedom Etsey Lavoe