A United States immigration judge has raised questions about the evidence underpinning corruption allegations brought against former Ghanaian Finance Minister Ken Ofori-Atta, describing the case presented by Ghana’s Office of the Special Prosecutor (OSP) as lacking credible proof of criminal wrongdoing.
Judge David Gardey made the assessment in a June 15, 2026 ruling approving Mr Ofori-Atta’s application for permanent residency in the United States.
In the ruling, the judge said the OSP’s affidavit, despite outlining more than 70 criminal counts against the former minister, contained largely “conclusory allegations” and failed to present “credible or reliable facts” demonstrating that Mr Ofori-Atta had engaged in criminal conduct.
Judge Gardey said the material submitted did not persuasively establish that the former Finance Minister had committed wrongdoing in office or personally benefited from decisions taken while he served in government.
“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 stated.
The US court said the allegations from Ghana involved serious claims, including conspiracy and the misuse of public funds, but found that the evidence presented did not sufficiently substantiate them.
According to the ruling, Mr Ofori-Atta testified that he had not received anything of value from companies or individuals connected to the investigations and had not personally benefited from decisions taken in his official capacity.
The judge’s assessment formed part of a wider consideration of whether Mr Ofori-Atta’s positive circumstances outweighed concerns raised in his immigration case, including his overstay of a US visa.
In granting the immigration relief, the court considered his long-standing connections to the United States, including his education and professional career there, his US citizen son, medical treatment in the country and the absence of a criminal record in the United States.
Judge Gardey also referred to the removal of an Interpol Red Notice associated with the Ghanaian allegations, as well as a KPMG review which identified administrative weaknesses but did not find criminal wrongdoing by Mr Ofori-Atta or his staff.
The court further noted that the US Department of Justice had not pursued extradition proceedings based on Ghana’s request.
Judge Gardey concluded that the totality of those factors weakened the immigration concerns arising from the allegations and supported Mr Ofori-Atta’s application for permanent residency.
The ruling, however, represents the assessment of the evidence in the US immigration proceedings and does not itself determine the outcome of the corruption-related proceedings in Ghana.
