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A United States immigration judge has ruled that Ghana’s Office of the Special Prosecutor (OSP) failed to present convincing evidence proving that former Finance Minister, Ken Ofori-Atta, committed any criminal offence.
The ruling was delivered by Immigration Judge David Gardey on June 15, 2026, at the Annandale Immigration Court, after a contested hearing involving the U.S. Department of Homeland Security’s attempt to block Mr. Ofori-Atta’s application for adjustment of status based on criminal allegations brought against him in Ghana.
The judge, after reviewing a more than 200-page affidavit from the OSP and over 70 charges filed against the former minister in Ghana, concluded that the allegations lacked persuasive evidence of criminal wrongdoing.
Judge Gardey stated that the OSP’s affidavit contained “conclusory allegations” without credible facts showing that Mr. Ofori-Atta engaged in corruption, criminal conspiracy, or personally benefited from his role as Finance Minister.
The case centred on allegations relating to a government contract involving Strategic Mobilisation Ghana Limited (SML), a company contracted to support revenue assurance in Ghana’s downstream petroleum sector.
According to the court, there was no evidence proving that Mr. Ofori-Atta personally received any financial benefit or acted improperly as a public official.
The judge also referenced Interpol’s decision to remove an earlier Red Notice issued against Mr. Ofori-Atta, noting that the Commission for the Control of Files had described the matter as being “predominantly political.”
The court further relied on a KPMG review commissioned by the Ghanaian government, which found operational challenges in the SML contract but did not establish criminal wrongdoing by Mr. Ofori-Atta or his staff.
On Ghana’s extradition request, Judge Gardey said the absence of any criminal complaint filed in the United States suggested that American authorities had also not found sufficient grounds to pursue the matter.
Mr. Ofori-Atta’s lawyer argued that the case amounted to a political witch-hunt, claiming the charges were aimed at targeting the former minister rather than prosecuting a genuine crime.
However, the U.S. Department of Homeland Security maintained that the investigation was based on independent reports and defended the credibility of the OSP’s work.
In his final decision, Judge Gardey ruled that Mr. Ofori-Atta had not been credibly shown to have participated in any criminal wrongdoing and granted his request for adjustment of status.
The court also considered Mr. Ofori-Atta’s long-standing ties to the United States, including his education and previous work at Morgan Stanley and Salomon Brothers, as well as his ongoing cancer treatment and U.S.-citizen son.
The former Finance Minister expressed appreciation to the court following the ruling.
Story by Efua Nessa