A United States immigration court has ruled that Ghana’s Office of the Special Prosecutor (OSP) did not provide sufficient evidence to establish that former Finance Minister Kenneth Ofori-Atta engaged in criminal conduct or personally benefited from decisions made during his time in office.
The decision was issued by Immigration Judge David Gardey at the Annandale Immigration Court on June 15, 2026, following a contested hearing in which the U.S. Department of Homeland Security (DHS) opposed Mr. Ofori-Atta’s application for adjustment of immigration status.
According to a certified transcript of the proceedings, the court found that the evidence submitted by the OSP, including a lengthy affidavit and criminal charges filed in Ghana, did not demonstrate credible proof of wrongdoing.
The case focused largely on allegations connected to a contract awarded to Strategic Mobilisation Ghana Limited (SML), a company contracted to support revenue monitoring and collection within Ghana’s downstream petroleum sector.
The OSP had presented more than 200 pages of evidence and over 70 criminal charges against the former Finance Minister, alleging corruption-related offences linked to the transaction.
However, Judge Gardey concluded that the materials presented contained broad allegations that were not supported by sufficient factual evidence to establish criminal liability.
The court found no convincing proof that Mr. Ofori-Atta committed an offence or personally gained financially from the SML arrangement.
During the hearing, Mr. Ofori-Atta denied receiving any financial benefit or inducement connected to the contract.
The judge accepted his testimony as credible after reviewing the evidence presented.
The court also considered other developments, including a reported decision by Interpol’s Commission for the Control of Files (CCF) to cancel a Red Notice issued against Mr. Ofori-Atta.
The ruling reportedly indicated that the request was considered to have a predominantly political character.
Judge Gardey further referenced findings from a KPMG review commissioned by the Government of Ghana, which identified procedural concerns regarding the SML transaction but did not establish criminal conduct by Mr. Ofori-Atta or officials who served under him.
The judge also noted that no extradition request had been submitted by U.S. authorities in relation to the criminal charges filed in Ghana, a factor the court considered in assessing the circumstances surrounding the case.
During proceedings, Mr. Ofori-Atta’s legal team argued that the allegations against him were politically motivated and raised questions regarding the constitutional authority of the OSP to independently prosecute criminal cases.
The matter is currently before Ghana’s Supreme Court.
DHS, however, maintained that the constitutional issues surrounding the OSP did not affect the substance of the allegations and urged the court to deny the immigration application.
After reviewing the evidence, Judge Gardey ruled that Mr. Ofori-Atta had not been credibly shown to have participated in criminal activity. The court subsequently approved his application for adjustment of immigration status.
In reaching the decision, the judge cited several favourable factors, including Mr. Ofori-Atta’s long-standing ties to the United States, his professional background, family connections, and ongoing medical treatment.
The court concluded that these considerations outweighed the adverse factors raised during the proceedings and determined that Mr. Ofori-Atta had met the requirements for the immigration relief he sought.
