A United States immigration judge has ruled that Ghana’s Office of the Special Prosecutor (OSP) failed to present persuasive evidence that former Finance Minister Kenneth Ofori-Atta committed any criminal offence, despite filing more than 70 charges against him in Ghana.
Immigration Judge David Gardey delivered the ruling on June 15, 2026, at the Annandale Immigration Court after a contested hearing in which the US Department of Homeland Security argued that Ofori-Atta should be denied immigration relief because of the pending criminal charges in Ghana.
According to a certified transcript of the proceedings obtained by 3News, the judge rejected that argument and granted Ofori-Atta’s application for adjustment of status.
Court questions OSP evidence
The case centred on allegations linked to the award of a state contract to Strategic Mobilisation Ghana Limited (SML), a company engaged to improve revenue collection from downstream petroleum transactions.
The OSP submitted a more than 200-page affidavit alongside formal charges alleging multiple counts of criminal wrongdoing.
However, Judge Gardey ruled that the affidavit failed to establish credible evidence against the former finance minister.
“The court carefully reviewed the Office of the Special Prosecutor’s affidavit and the court finds that the affidavit is lacking in any persuasive proof or evidence that the respondent… has engaged in any criminal wrongdoing as alleged, as minister of finance or otherwise, or that the respondent personally profited from his work as a government official in Ghana.”
The judge further stated that the absence of persuasive evidence was significant.
“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 respondent has not been credibly charged or credibly been shown to engage in any wrongdoing in Ghana.”
He also criticised the charge sheet.
“The OSP affidavit is full of conclusory allegations without any description of credible or reliable facts that would indicate any kind of criminal wrongdoing by the respondent.”
Interpol and KPMG findings considered
The court also considered Interpol’s decision to delete an earlier Red Notice issued against Ofori-Atta after its Commission for the Control of Files concluded the matter was “predominantly political.”
Judge Gardey cited expert testimony explaining Interpol’s decision as independent support for the defence’s case.
He also referred to a KPMG review commissioned by the Government of Ghana, noting that while it identified procedural inefficiencies and areas for improvement, it found no evidence that Ofori-Atta or his staff engaged in criminal conduct.
Judge comments on extradition
The court further observed that no extradition request had been pursued in the United States.
“The court is not surprised, given that the court’s own review of the OSP affidavit does not indicate any persuasive evidence of any criminal wrongdoing by the respondent… the lack of any criminal complaint for purposes of extradition indicates that the Department of Justice also has trouble finding any indication of any credible claims of criminal wrongdoing by the respondent.”
Defence alleges political motivation
Ofori-Atta’s lawyer, Mr Qasimi, argued that the prosecution was politically motivated, claiming the charges were filed shortly after Interpol moved to suspend the Red Notice.
He also pointed to a pending case before Ghana’s Supreme Court challenging the constitutional authority of the OSP to prosecute cases independently.
The Department of Homeland Security, however, argued that the OSP’s constitutional mandate was not relevant to determining whether the allegations were true and maintained that the investigation stemmed from independent journalism.
After reviewing the evidence, Judge Gardey concluded that Ofori-Atta had not been credibly linked to any criminal wrongdoing.
Adjustment of status granted
In granting Ofori-Atta’s application for adjustment of status, the court considered his long-standing ties to the United States, including his education, career at Morgan Stanley and Salomon Brothers, ongoing cancer treatment, and the fact that he has a US citizen son.
“The court finds that the positive equities far outweigh the negative equities such that the court will exercise its discretion and grant the respondent’s request for adjustment of status,” Judge Gardey ruled.
Addressing the former finance minister directly, the judge acknowledged the personal impact of the case.
“I know that you’ve been through a difficult period of time, that you were detained based on these criminal charges… your health suffered as a result… you have had your day in court and you have established that you are entitled to adjustment of status.”
Ofori-Atta thanked the court following the ruling.
The report is based on the official transcript of proceedings from the June 15, 2026 hearing before the Annandale Immigration Court.
