A U.S.-based migration lawyer, Benedicta Agyemang, says the United States Government failed to provide the necessary documents to prove that Ghana’s former Finance Minister, Kenneth Nana Yaw Ofori-Atta, is a flight risk before he was granted release from ICE custody.
Speaking in an interview on GTV’s Current Agenda programme on Saturday, April 11, 2026, lawyer Agyemang explained that the ruling followed the government’s inability to meet the legal burden required in a bond hearing.
The development follows his recent release from U.S. Immigration and Customs Enforcement (ICE) detention. The bond was granted after his legal team successfully argued that there was no formal extradition request from Ghana on record, meaning the court could not legally consider him a flight risk.
His release was secured through a private bond company, reportedly for a substantial sum.
According to the lawyer, in such hearings, authorities must provide clear evidence if they claim an individual is likely to flee or poses a danger to society.
She noted that in this case, the U.S. government, through the Department of Homeland Security (DHS), argued that Ofori-Atta was a flight risk due to an alleged extradition process. However, they failed to submit the required documentation to support that claim.
“The judge asked for proof, but the documents were not provided within the stipulated time,” she said.
Agyemang added that even after being given additional opportunities, the authorities still did not meet the legal requirements, leading the judge to conclude that the claim of flight risk was not sufficiently proven.
She clarified that the decision to grant bond does not affect the ongoing legal proceedings, including any potential extradition process.
“The case is still ongoing. He is expected to appear in court for his next hearing, but he can now do so from outside detention,” she explained.
The lawyer further noted that conditions such as a high bond and seizure of the passport are standard measures used by courts to ensure compliance.
Agyemang emphasised that bond hearings are separate from other legal processes and should not be interpreted as a final determination of the case.
