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How Ghana’s extradition laws, the 1931 US–Ghana treaty and Act 22 shape the arrest and possible transfer of Abu Trica to the United States

Kelvin KokrokobyKelvin Kokroko
December 20, 2025
in International
Reading Time: 4 mins read
How Ghana’s extradition laws, the 1931 US–Ghana treaty and Act 22 shape the arrest and possible transfer of Abu Trica to the United States

The arrest and potential extradition of Ghanaian citizen Abu Trica to the United States has brought renewed attention to Ghana’s legal framework for international cooperation on cybercrime and money laundering, exposing both the strength of the law and persistent concerns about domestic enforcement.

The case was initiated entirely by United States authorities.

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According to the legal analysis, the US Department of Justice and the Federal Bureau of Investigation drove the process from the outset, first presenting evidence before a US court, securing an indictment, and obtaining an arrest warrant.

Only after these steps were completed was a formal extradition request transmitted to the Government of Ghana through diplomatic channels.

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At the heart of the process is a web of binding legal instruments.

The foundational basis for extradition between Ghana and the United States is the 1931 bilateral Extradition Treaty, which remains in force despite dating back to the colonial era.

Domestically, the procedure is governed by Ghana’s Extradition Act of 1960, Act 22, ratified under the Fourth Republic.

This is complemented by the Mutual Legal Assistance Act of 2010, Act 807, which allows institutions such as the Economic and Organised Crime Office to cooperate with foreign agencies like the FBI.

Ghana’s obligations under the Budapest Convention on cybercrime and standards set by the Financial Action Task Force further reinforce cooperation on cybercrime and money laundering cases, while the 1992 Constitution safeguards the rights of any accused person.

Under Act 22, the extradition process is tightly sequenced. Once a formal request is received, the alleged offence must qualify as extraditable and must not be political in nature.

Cybercrime and money laundering fall squarely within the category of extraditable offences. Importantly, foreign agencies have no arrest powers in Ghana; any arrest must be carried out by Ghanaian authorities such as the Ghana Police Service or the Cyber Security Authority.

Following an arrest, the suspect must be brought before a District Magistrate within 24 hours. The court’s role is strictly procedural. It does not determine guilt or innocence.

Instead, the magistrate examines whether the extradition process has been properly followed, whether the foreign warrant and accompanying documents are authentic, whether the evidence would justify a trial if the offence had been committed in Ghana, and whether the alleged claims, including conspiracy to commit cybercrime and money laundering, have legal validity.

If the magistrate is satisfied, the suspect is committed to custody, not sentenced. A mandatory 15-day waiting period then begins, during which the accused must be informed of the constitutional right under Article 14 to apply for a writ of habeas corpus and to appeal the extradition decision to the High Court.

Only after all appeals and legal challenges are concluded can the relevant minister issue a surrender warrant authorising transfer to the requesting state.

Beyond the legal mechanics, the analysis delivers a sharp critique of Ghana’s enforcement posture.

It describes a pattern of reactive law enforcement, arguing that major financial crimes often attract attention only when foreign authorities intervene.

The Abu Trica case is cited as emblematic, with investigators noting that the entire process was triggered by the United States rather than Ghanaian institutions.

Examples were raised of large financial red flags within Ghana, including a reported $10 million bank scandal and a $1.6 million property purchase, that allegedly failed to prompt domestic investigations.

The Whistleblowers Act was also described as ineffective in helping to sanitise public life.

The case sits within a wider trend of international cooperation on transnational crime.

This year alone, nine Ghanaians have reportedly been extradited to the United States on cybercrime charges.

Another Ghanaian, Freddy Kumi, has been indicted by a US federal grand jury for allegedly defrauding elderly victims of more than $8 million through romance scams since 2023, under the US Elder Justice Initiative linked to the Elder Abuse Prevention and Prosecution Act of 2017.

Together, these cases underline both the reach of international justice mechanisms and the growing pressure on Ghana to move from externally driven action to proactive domestic enforcement, even as the law continues to provide robust safeguards for the rights of the accused.

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