A United States immigration judge has ruled that Ghana’s Office of the Special Prosecutor (OSP) failed to present any persuasive evidence that former Finance Minister Kenneth Ofori-Atta committed a crime, despite an extensive affidavit and over 70 charges filed against him in Ghana.
On June 15, 2026, Immigration Judge David Gardey delivered the ruling from the bench at the Annandale Immigration Court, granting Mr Ofori-Atta’s application for adjustment of status.
The Department of Homeland Security had argued that the pending Ghanaian charges should preclude relief; however, the judge disagreed.
In his review of the OSP’s more than 200-page affidavit, Judge Gardey found it “lacking in any persuasive proof or evidence” that Mr Ofori-Atta engaged in criminal wrongdoing as minister or that he personally profited from his official duties.
The judge characterised the OSP’s allegations as “conclusory” and devoid of “credible or reliable facts.”
The court also cited independent corroboration, noting that Interpol’s Commission for the Control of Files (CCF) deleted a Red Notice against Mr Ofori-Atta in February 2026, determining the case was “predominantly political.”
It says a KPMG review commissioned by the Government of Ghana found no indication of criminal wrongdoing by Mr Ofori-Atta or his staff, though it noted inefficiencies.
The judge observed that the U.S. Department of Justice had not filed a criminal complaint for extradition, which he interpreted as an indication that credible claims of wrongdoing were lacking.
Mr Ofori-Atta’s defence argued that the OSP case was a politically motivated “witch-hunt,” filed shortly after Interpol’s initial suspension of the Red Notice and amid an ongoing Supreme Court challenge regarding the OSP’s constitutional authority to prosecute independently.
The court found that Mr Ofori-Atta testified credibly and denied receiving anything of value to influence his actions.
Weighing the positive equities, including his decades-long U.S. residency, prior employment at Morgan Stanley and Salomon Brothers, U.S. citizen son, and ongoing cancer treatment, against the negative equities, the judge ruled that the positive factors “far outweigh” the negatives. Consequently, the court granted the adjustment of status.
Addressing Mr Ofori-Atta directly, Judge Gardey acknowledged the hardship he endured, including detention and health challenges, and affirmed that he had established his entitlement to relief.
This ruling is based on the certified transcript of proceedings obtained by 3News.
