A United States immigration judge has ruled that the Office of the Special Prosecutor (OSP) failed to present credible evidence of criminal wrongdoing against former Finance Minister Ken Ofori-Atta, a key factor in the court’s decision to grant him permanent residency.
In a ruling delivered on June 15, 2026, US Immigration Judge David Gardey said the OSP’s affidavit, which formed the basis of corruption allegations against Mr. Ofori-Atta, relied on “conclusory allegations” and did not provide “credible or reliable facts” to establish that the former minister engaged in criminal conduct.
The judge’s remarks formed part of the court’s explanation for approving Mr. Ofori-Atta’s application for permanent residency despite ongoing corruption-related charges in Ghana.
Judge Gardey said he had reviewed the OSP’s case, which contains more than 70 criminal counts against the former finance minister, but concluded that the evidence presented did not persuasively demonstrate that Mr. Ofori-Atta committed any criminal wrongdoing while in office or personally benefited from decisions taken in his official capacity.
“The lack of any persuasive evidence indicating any kind of criminal wrongdoing or criminal conspiracy involving the respondent in the OSP’s affidavit is powerful evidence,” the judge stated in the ruling.
According to the court, although the allegations from Ghana outlined serious accusations, including conspiracy and the alleged misuse of public funds, the OSP failed to provide sufficient evidence to substantiate those claims.
The judge further noted that Mr. Ofori-Atta testified credibly during the proceedings and denied receiving any financial or other benefits from companies or individuals linked to the investigations. He also denied personally profiting from decisions taken while serving as Finance Minister.
The assessment formed part of the court’s broader consideration of whether the positive factors in Mr. Ofori-Atta’s immigration case outweighed concerns arising from his overstay of a US visa.
In reaching its decision, the court considered Mr. Ofori-Atta’s longstanding ties to the United States, including his education and professional career, his US citizen son, his lack of any criminal record in the country, and the medical treatment he has been receiving in the US.
Judge Gardey also took into account the removal of an Interpol Red Notice linked to Ghana’s charges, a KPMG review that identified administrative weaknesses but found no evidence of criminal wrongdoing by Mr. Ofori-Atta or his staff, and the fact that the US Department of Justice had not pursued extradition proceedings based on Ghana’s request.
The judge concluded that these factors supported his finding that the allegations advanced by the OSP were not sufficiently credible to outweigh the positive considerations in Mr. Ofori-Atta’s application for immigration relief.
Mr. Ofori-Atta, who served as Ghana’s Finance Minister from 2017 to 2024, remains the subject of investigations by the Office of the Special Prosecutor over several high-profile government transactions. The OSP has accused him of multiple counts of corruption-related offences, allegations he has consistently denied.
