In a significant ruling, US Immigration Judge David Gardey has cast doubt on the corruption allegations against former Ghanaian Minister of Finance, Ken Ofori-Atta, stating that the evidence presented by the Office of the Special Prosecutor (OSP) lacks credibility.
In his ruling dated June 15, 2026, Judge Gardey approved Mr Ofori-Atta’s application for permanent residency in the United States, asserting that the OSP’s affidavit was “full of conclusory allegations” without the credible facts necessary to substantiate claims of criminal conduct.
Judge Gardey noted that, despite the OSP bringing forth over 70 criminal counts against Mr Ofori-Atta, the evidence failed to convincingly demonstrate any misconduct during his tenure as Finance Minister or that he personally profited from his governmental role. “The absence of persuasive evidence suggesting any criminal wrongdoing or conspiracy by the respondent in the OSP’s affidavit is compelling,” he remarked.
While acknowledging the serious nature of the allegations from Ghana, including conspiracy and misappropriation of public funds, the judge emphasised that the OSP did not provide sufficient support for these claims. Instead, he highlighted Mr Ofori-Atta’s credible testimony, where he denied benefiting in any way from the companies or individuals under investigation, or from decisions made during his official capacity.
Judge Gardey’s assessment was part of a broader evaluation of whether Mr Ofori-Atta’s positive ties to the United States outweighed potential immigration concerns, such as his visa overstay. The judge acknowledged Mr Ofori-Atta’s deep connections to the US, which include his education, professional experiences, a US citizen son, a clean criminal record, and ongoing medical treatment in the country.
Additionally, the judge referenced the lifting of an Interpol Red Notice related to the charges in Ghana, a review by KPMG that identified administrative weaknesses but no criminal conduct by Mr Ofori-Atta or his staff, and the lack of an extradition effort from the US Department of Justice based on Ghana’s request.
Ultimately, Judge Gardey concluded that these considerations outweighed any immigration concerns, deeming the allegations against Mr Ofori-Atta insufficient to justify negative treatment in his immigration case.
