A United States immigration court has ruled that the evidence presented by Ghana’s Office of the Special Prosecutor (OSP) against former Finance Minister Kenneth Ofori-Atta failed to establish credible criminal wrongdoing, leading to the approval of his application for adjustment of immigration status.
The decision was delivered by Immigration Judge David Gardey on June 15, 2026, following proceedings at the Annandale Immigration Court.
The case arose after the U.S. Department of Homeland Security argued that the corruption-related charges pending against Ofori-Atta in Ghana should prevent him from obtaining immigration relief in the United States.
After examining the evidence submitted by both sides, the court concluded that the material provided by the OSP did not contain persuasive proof linking the former finance minister to any criminal conduct.
According to the certified court transcript, the judge reviewed a lengthy affidavit filed by the OSP together with more than 70 criminal charges brought against Ofori-Atta in Ghana over matters connected to a contract involving Strategic Mobilisation Limited (SML), a company engaged to enhance revenue collection in the downstream petroleum sector.
Despite the volume of documents submitted, the court found that the allegations were not supported by credible factual evidence demonstrating that Ofori-Atta personally engaged in corruption or benefited financially from his official duties.
The judge further accepted Ofori-Atta’s testimony, noting that he consistently denied receiving any personal benefit from the transactions under investigation or acting improperly while serving as Ghana’s Finance Minister.
Another factor considered by the court was Interpol’s earlier decision to remove the Red Notice issued against Ofori-Atta.
The court heard evidence that Interpol’s Commission for the Control of Files determined the notice was predominantly political, a finding the judge regarded as supporting the defence’s position.
The ruling also referenced findings from a KPMG review commissioned by the government.
While that review identified administrative shortcomings and areas where better procedures could have been followed, it reportedly did not conclude that Ofori-Atta or members of his staff had committed criminal offences.
On the issue of extradition, the judge observed that U.S. authorities had not initiated extradition proceedings based on the Ghanaian allegations, stating that the absence of such action was consistent with the court’s assessment of the evidence presented.
During the hearing, Ofori-Atta’s legal team argued that the prosecution was politically motivated and pointed to an ongoing constitutional dispute in Ghana regarding the prosecutorial powers of the Office of the Special Prosecutor.
Lawyers for the U.S. Department of Homeland Security maintained that those constitutional questions were separate from the credibility of the allegations themselves.
After considering the evidence and testimony, the court concluded that Ofori-Atta had not been credibly shown to have participated in criminal wrongdoing.
In deciding whether to grant his application for adjustment of status, the judge also weighed several personal factors, including Ofori-Atta’s long history in the United States, his academic and professional career, his family ties—including a U.S. citizen son—and his ongoing cancer treatment.
The court ultimately found that those positive considerations outweighed any adverse factors and exercised its discretion to approve his immigration application.
Addressing the former minister after delivering the decision, Judge Gardey acknowledged the difficulties he had faced during the legal process, including detention and health challenges, before informing him that he had successfully established his eligibility for adjustment of status.
The ruling is contained in the official transcript of the June 15, 2026 proceedings before the Annandale Immigration Court
