Ghana’s Supreme Court has affirmed that the Extradition Treaty signed in 1931 between the United States and the United Kingdom remains legally binding in Ghana and continues to operate as part of the country’s laws.

The unanimous decision established that Ghana automatically assumed responsibility for the treaty at independence because the agreement was executed when the country, then called the Gold Coast, was under British colonial administration.

The ruling, delivered in Reference No. J6/01/2024, stemmed from proceedings linked to an extradition request before the courts.

In its judgment, the apex court also clarified that district and circuit court magistrates are empowered under Ghanaian law to hear and decide extradition matters.

According to the court, the magistrate who handled the case acted within her authority, relying on procedures outlined in the Extradition Act, 1960 (Act 22), as well as long-standing judicial interpretations such as Ex parte Allotey.

Although the justices were unanimous on the issue of jurisdiction, they considered it necessary to resolve broader legal uncertainties surrounding the status of the 1931 treaty and whether it remains enforceable in Ghana today.

Addressing this directly, the Supreme Court concluded that:

• Ghana inherited the 1931 US–UK Extradition Treaty upon attaining independence; and

• The treaty qualifies as existing law under Article 11 of the 1992 Constitution.

The judgment was signed by a seven-member panel comprising Justices H. Kwofie, G. Pwamang, M. Owusu, Prof. H. J. A. N. Mensa-Bonsu, E. Yonny Kulendi, B. F. Ackah-Yensu, and Y. Darko Asare.

Legal representation for the first fugitive applicant was led by Nicholas Lenin Anane Agyei, Esq., assisted by Nii Amartey Amarteifio. The state was represented by Principal State Attorney Richard Gyambiby, supported by Yvonne Yaache-Adomako and Ackah Nyameke, under the supervision of Director of Public Prosecutions, Mrs. Yvonne Atakora Obuobisa.

Legal experts believe the ruling will shape future extradition cases in Ghana, particularly those involving requests from the United States, as it definitively settles the question of whether pre-independence treaties remain enforceable.

Separately, the Chargé d’Affaires of the U.S. Embassy in Accra, Rolf Olson, speaking during a media engagement with visiting U.S. Deputy Assistant Secretary for West Africa, William B. Stevens, noted that the United States has established formal legal channels that are activated whenever extradition requests are initiated by Ghanaian authorities.

His remarks follow ongoing public scrutiny surrounding the Office of the Special Prosecutor’s inability so far to secure the extradition of former Finance Minister Ken Ofori-Atta, who has been declared wanted since earlier this year.

At the opening of Mr. Ofori-Atta’s trial in absentia on Thursday, December 11, after prosecutors filed a 78-count charge alleging corruption and financial loss to the state, the OSP informed the court that some accused persons remain outside Ghana, citing medical reasons. The office added that all lawful steps, including international cooperation mechanisms, are being pursued to compel their appearance.

More developments are expected.