U.S. immigration judge rules OSP failed to provide persuasive evidence against Ofori-Atta

A United States immigration judge has ruled that Ghana’s Office of the Special Prosecutor (OSP) failed to provide persuasive evidence that former Finance Minister Kenneth Ofori-Atta committed any criminal offence, despite submitting a more than 200-page affidavit and over 70 criminal charges against him.

The decision was delivered by Immigration Judge David Gardey at the Annandale Immigration Court on June 15, 2026, during proceedings in which the U.S. Department of Homeland Security opposed Ofori-Atta’s application for adjustment of immigration status based on the pending criminal charges in Ghana.

According to the certified transcript of the proceedings, the court rejected the OSP’s allegations after reviewing the evidence presented.

“The court carefully reviewed the Office of the Special Prosecutor’s affidavit and 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,” Judge Gardey stated.

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The case centred on allegations that Ofori-Atta committed offences in relation to a state contract awarded to Strategic Mobilisation Ghana Limited (SML), a company engaged to enhance revenue collection from downstream petroleum transactions.

The OSP alleged widespread corruption in its affidavit and subsequently filed more than 70 criminal charges against the former minister.

However, Judge Gardey found the affidavit relied largely on conclusions rather than credible factual evidence.

“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,” the judge said.

He further observed that the absence of persuasive evidence itself supported Ofori-Atta’s case.

“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 shown to engage in any wrongdoing in Ghana,” he ruled.

The court also accepted Ofori-Atta’s testimony, noting that he had credibly denied receiving any personal benefit or financial reward from the transactions under investigation.

Judge Gardey additionally referred to Interpol’s decision to remove a Red Notice previously issued against Ofori-Atta after its Commission for the Control of Files determined that the matter was predominantly political. The court cited expert testimony explaining the decision as independent support for the conclusion that the allegations lacked sufficient merit.

The judge also referenced a KPMG review commissioned by the Government of Ghana, which identified operational inefficiencies but found no indication of criminal wrongdoing by Ofori-Atta or his staff.

Addressing the absence of extradition proceedings, the court noted that no criminal complaint had been filed by the United States Department of Justice seeking Ofori-Atta’s extradition.

“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,” Judge Gardey observed.

During the hearing, Ofori-Atta’s legal team argued that the OSP’s case was politically motivated and highlighted ongoing legal proceedings in Ghana challenging the constitutional authority of the OSP to prosecute cases independently.

Counsel for the Department of Homeland Security maintained that the constitutional questions surrounding the OSP were not relevant to the factual allegations before the court.

After considering the evidence, the judge concluded that Ofori-Atta had established that he was not credibly involved in any criminal wrongdoing and granted his application for adjustment of status.

In exercising his discretion, Judge Gardey cited Ofori-Atta’s long-standing ties to the United States, including his education, previous employment with Morgan Stanley and Salomon Brothers, his ongoing cancer treatment and his family connections.

“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,” the judge ruled.

The court proceedings were based on the official transcript of the hearing held on June 15, 2026, at the Annandale Immigration Court.