US immigration judge questions OSP case against Ken Ofori-Atta

A United States immigration judge has cast doubt on the strength of corruption allegations brought against former Finance Minister Ken Ofori-Atta by Ghana’s Office of the Special Prosecutor.

Judge David Gardey said the material filed by the OSP did not provide credible or reliable evidence showing that Mr Ofori-Atta engaged in criminal wrongdoing.

The comments were contained in a June 15, 2026 ruling in which the judge approved Mr Ofori-Atta’s permanent residency application.

According to the judge, the OSP’s affidavit was “full of conclusory allegations” and failed to show persuasive facts linking the former minister to criminal conduct.

The court said it had reviewed the corruption-related claims from Ghana, including more than 70 criminal counts filed against Mr Ofori-Atta.

However, Judge Gardey found that the evidence placed before him did not sufficiently demonstrate that Mr Ofori-Atta misused his office, participated in a criminal conspiracy or personally benefited from decisions he made as Finance Minister.

“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 said.

The court acknowledged that the allegations from Ghana were serious.

They included claims of corruption, conspiracy and misuse of public funds.

But the judge held that seriousness alone was not enough without supporting evidence.

He said Mr Ofori-Atta had testified credibly and denied receiving anything of value from companies or individuals connected to the investigations.

The former minister also denied benefiting personally from any decision he took while serving in public office.

The judge’s assessment formed part of a wider consideration of Mr Ofori-Atta’s immigration case.

Although the court considered concerns including his overstay of a US visa, it found that the positive factors in his favour outweighed those concerns.

Among the factors considered were his long-standing ties to the United States, including his education and professional career there.

The court also considered his US citizen son, his lack of a criminal record in the United States and his medical treatment in the country.

Judge Gardey further referred to the removal of an Interpol Red Notice linked to Ghana’s charges.

He also cited a KPMG review which, according to the ruling, identified administrative weaknesses but did not find criminal wrongdoing by Mr Ofori-Atta or his staff.

The judge additionally noted that the US Department of Justice had not pursued an extradition case based on Ghana’s request.

Taken together, the court said those factors supported the conclusion that the allegations against Mr Ofori-Atta were not credible enough to defeat his application for immigration relief.