US Immigration Judge Approves Ofori-Atta’s Residency, Questions OSP Evidence

A United States immigration judge has approved the permanent residency application of former Ghanaian Finance Minister Ken Ofori-Atta, stating that the Office of the Special Prosecutor (OSP) failed to present credible evidence of criminal wrongdoing against him.

In a ruling delivered on June 15, 2026, Judge David Gardey said the OSP’s affidavit contained “conclusory allegations” and lacked “credible or reliable facts” to show that Mr. Ofori-Atta engaged in criminal conduct while in office.

The judge was weighing immigration relief for the former minister despite more than 70 corruption-related counts filed against him in Ghana. After reviewing the OSP’s case, Judge Gardey said the evidence did not persuasively demonstrate that Mr. Ofori-Atta committed any wrongdoing as Finance Minister or personally benefited from his position.

“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 judge wrote.

While acknowledging that the allegations from Ghana were serious — including claims of conspiracy and misuse of public funds — the court said the OSP had not provided enough to support them.

Judge Gardey noted that Mr. Ofori-Atta testified credibly and denied receiving anything of value from individuals or companies under investigation, or benefiting personally from decisions made during his tenure.

The court’s decision also considered other positive factors. These included Mr. Ofori-Atta’s long ties to the US through education and professional work, his American citizen son, his clean criminal record in the US, and ongoing medical treatment in the country.

Additional factors cited were the withdrawal of an Interpol Red Notice linked to Ghana’s case, a KPMG review that found administrative lapses but no criminal conduct by Mr. Ofori-Atta or his staff, and the fact that the US Department of Justice had not pursued extradition based on Ghana’s request.

Based on all these, Judge Gardey concluded that the allegations were not strong enough to outweigh the merits of Mr. Ofori-Atta’s immigration case.