A United States immigration judge has questioned the strength of the corruption case brought by Ghana’s Office of the Special Prosecutor (OSP) against former Finance Minister Ken Ofori-Atta, ruling that the evidence presented did not credibly establish criminal wrongdoing.
In a ruling dated June 15, 2026, Judge David Gardey approved Mr Ofori-Atta’s application for permanent residency, stating that the OSP’s affidavit contained “conclusory allegations” and lacked “credible or reliable facts” linking the former minister to criminal conduct.
The ruling noted that although the OSP had filed more than 70 criminal counts against Mr Ofori-Atta, the court found insufficient evidence to prove that he engaged in corruption, criminal conspiracy or personally benefited from his position as Finance Minister.
“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,” Judge Gardey stated.
The court acknowledged that the allegations from Ghana involved serious claims, including conspiracy and misuse of public funds, but said the OSP failed to provide adequate evidence to substantiate the accusations.
Judge Gardey further noted that Mr Ofori-Atta gave credible testimony denying that he received financial benefits from companies or individuals linked to the investigations or personally profited from decisions taken while in office.
The assessment formed part of the court’s broader consideration of Mr Ofori-Atta’s eligibility for immigration relief despite his overstay of a US visa.
In reaching the decision, the court considered factors including Mr Ofori-Atta’s long-standing educational and professional ties to the United States, his US citizen son, his clean criminal record in the country and his ongoing medical treatment there.
The judge also referenced the removal of an Interpol Red Notice linked to Ghana’s case, a KPMG review that identified administrative weaknesses but did not find criminal wrongdoing by Mr Ofori-Atta or his staff, and the fact that the US Department of Justice had not pursued extradition proceedings following Ghana’s request.
Judge Gardey concluded that, taken together, the factors outweighed the corruption allegations and supported the decision that the claims against Mr Ofori-Atta were not sufficiently credible to deny his application for permanent residency.
