A United States immigration court has ruled that Ghana’s Office of the Special Prosecutor (OSP) failed to provide credible evidence linking former Finance Minister Kenneth Ofori-Atta to criminal wrongdoing, despite the numerous allegations and charges brought against him in Ghana.
The decision was delivered by Immigration Judge David Gardey at the Annandale Immigration Court on June 15, 2026, during proceedings on Ofori-Atta’s application to adjust his immigration status. The U.S. Department of Homeland Security (DHS) had opposed the application, relying partly on allegations submitted by the OSP.
According to a certified transcript of the hearing, the OSP presented a more than 200-page affidavit together with over 70 criminal charges related to a contract awarded to Strategic Mobilisation Ghana Limited (SML). The company was contracted to improve revenue collection from Ghana’s downstream petroleum sector.
However, after examining the evidence, Judge Gardey concluded that the documents did not establish criminal liability. The court found that the allegations were largely unsupported by credible facts and did not demonstrate that Ofori-Atta committed any offence or personally benefited from the SML contract.
The judge also accepted Ofori-Atta’s testimony, describing it as credible after he denied receiving any financial gain or improper inducement linked to the transaction.
In reaching his decision, the court considered the earlier ruling by Interpol’s Commission for the Control of Files, which cancelled the Red Notice issued against Ofori-Atta after reportedly determining that the request was predominantly political.
Judge Gardey also referred to the findings of a KPMG review commissioned by the Government of Ghana. While the review identified procedural weaknesses in the SML contract, it found no evidence of criminal conduct involving Ofori-Atta or officials working under his supervision.
The court further observed that no extradition request had been made by U.S. authorities despite the charges pending in Ghana, describing this as consistent with its assessment of the available evidence.
During the hearing, Ofori-Atta’s lawyers argued that the prosecution was politically motivated and also questioned the constitutional authority of the OSP to independently prosecute criminal cases, an issue currently before Ghana’s Supreme Court.
The DHS maintained that the constitutional questions did not affect the substance of the allegations and urged the court to reject the application.
After reviewing all the evidence, the court concluded that Ofori-Atta had not been credibly shown to have engaged in criminal activity.
Judge Gardey subsequently approved his application for adjustment of immigration status, citing factors such as his long-standing ties to the United States, family connections, previous professional career and ongoing cancer treatment.
