Legal Team Challenges Ken Ofori-Atta's ICE Detention in U.S. Court

Lawyers representing Ghana's former Finance Minister have launched a formal legal challenge to contest his detention by American immigration authorities, setting the stage for a courtroom battle that could have significant implications for both the politician and Ghana-U.S. relations.

Frank Davies, a member of Ken Ofori-Atta's legal team, confirmed on Saturday that attorneys in the United States have filed court papers challenging the actions of U.S. Immigration and Customs Enforcement (ICE) following the former minister's detention earlier this month. The announcement marks the first official legal response to an arrest that has captured attention across Ghana's political landscape and raised questions about the circumstances surrounding the detention of a high-profile African political figure on American soil.

Speaking on Prime Insight on Joy Prime television, Davies outlined the legal strategy being deployed to contest Ofori-Atta's custody. The case, filed in a U.S. court, is scheduled for hearing later in January, though Davies did not specify the exact date or which court will hear the matter.

"The lawyers in America have filed the process in court. A process has been filed in court to challenge his custody in ICE detention, and that process will be heard later this month," Davies explained during the interview.

The lawyer emphasized that proper legal procedures are being followed to ensure the former minister's rights are protected. "What every diligent lawyer would do is to assure himself or herself of the processes attendant on the custody," he noted.

Davies revealed that the case involves collaboration between legal teams operating in both Ghana and the United States. This transatlantic coordination reflects the complexity of handling immigration detention cases involving foreign nationals, particularly those with high political profiles.

"That is why we are here as lawyers, because we have a collaboration and teamwork with American lawyers," Davies stated. He added that the American legal team has already activated the court process and expects the merits of the case to be examined soon.

The coordination between Ghanaian and American attorneys highlights how modern political cases increasingly require legal expertise that spans multiple jurisdictions, particularly when they involve international immigration law.

A key element of the legal defense appears to center on a pending immigration petition that Ofori-Atta had filed before his arrest. According to Davies, the former Finance Minister had submitted an application for adjustment of his immigration status, which remained under consideration when ICE officers detained him.

"He has put in a petition for an adjustment of his immigration status. The lawyers in America have activated the process in court to challenge why they picked him up while he has a petition pending. So he is not an illegal immigrant," Davies stated emphatically.

This detail could prove crucial to the legal challenge. Immigration law in the United States typically provides certain protections and procedures for individuals with pending status adjustment applications, and the timing of the arrest relative to this pending petition may form the basis of the legal team's arguments.

Beyond the legal proceedings, Davies addressed questions about Ofori-Atta's stated intention to return to Ghana. The former minister had been in the United States reportedly for medical treatment, and Davies confirmed that health considerations remain a factor in planning any return.

"He has not changed his mind one bit. But we should all bear in mind that if you go for a major surgery, you should take advice from your medical team as to when you can embark on a travel," Davies explained.

The lawyer revealed that Ofori-Atta maintains daily consultations with his medical team as he goes through the recovery process. "Ken is consulting with his medical team on a daily basis. He's going through the recuperative stage, and if it is all clear for him to come to Ghana, he will come," he said.

When pressed about speculation surrounding the reasons for Ofori-Atta's arrest, Davies maintained a disciplined approach, declining to address rumors or unverified information circulating in media and political circles.

"My answer remains the same. I don't deal in rumours. I deal with the facts as they come," the lawyer stated firmly.

He emphasized that the confirmed facts center on the arrest occurring despite the pending immigration petition. "What I know is that they picked him up not knowing that he had filed a petition to adjust his immigration status," Davies said.

The case raises important questions about how immigration enforcement intersects with political figures from foreign nations, particularly those from Africa who may be residing in Western countries for medical or personal reasons. The outcome could influence how similar cases are handled in the future and may affect perceptions of legal protections available to African nationals in the United States.

For Ghana, the detention of a former Finance Minister who served during critical economic periods adds another dimension to ongoing discussions about accountability, governance, and the international dimensions of political transitions. As the legal process unfolds in American courts this month, both Ghanaian and international observers will be watching closely to see how justice is administered in this high-profile case.