- A U.S. judge granted permanent residence to former Ghanaian Finance Minister Ken Ofori-Atta in June 2026.
- The court found Ghana’s criminal allegations lacked persuasive evidence during the immigration status adjustment process.
- Ghana’s Special Prosecutor maintains the criminal case, insisting only Ghanaian courts can determine the charges’ credibility.
A U.S. Immigration Judge granted former Ghanaian Finance Minister Ken Ofori-Atta permanent residence after finding that allegations from Ghana’s Office of the Special Prosecutor lacked persuasive evidence, according to accounts of a June 15 ruling. The decision followed opposition from the U.S. Department of Homeland Security.
Immigration Judge David Gardey issued the ruling at the Annandale Immigration Court in Virginia. He approved Ofori-Atta’s Form I-485, the application used to adjust status to lawful permanent residence.
The court reviewed a 200-page affidavit from Ghana’s prosecutor and a charge sheet listing 78 criminal counts tied to the Strategic Mobilisation Limited contract. Gardey reportedly found that the materials did not establish criminal wrongdoing by Ofori-Atta.
The written decision has not been publicly released. That limits what can be established about the judge’s precise findings.
Gardey wrote that the affidavit was “lacking in any persuasive proof or evidence” that Ofori-Atta had engaged in criminal wrongdoing as finance minister or otherwise. He also said Ofori-Atta testified credibly that he had not personally profited from the matters under investigation.
“The court carefully reviewed the Office of the Special Prosecutor’s affidavit and the court 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.”
The judge characterized the filing as containing “conclusory allegations” without “credible or reliable facts.” He added that the absence of persuasive evidence was itself “powerful evidence.”
Ghana’s prosecutor says the immigration case did not clear the charges
The prosecutor rejected the suggestion that the U.S. ruling resolved Ghana’s criminal case. In a July 21 statement led by Special Prosecutor Kissi Agyebeng, the agency said the credibility of the allegations could be determined only by Ghanaian courts.
The agency also said it was not a party to the American immigration proceeding. The Department of Homeland Security represented the government there, while the Ghanaian prosecutor pursued the allegations through a separate process.
“The credibility of the criminal allegations. can only be determined by Ghanaian courts.”
Agyebeng’s office maintained that Ofori-Atta remains a “fugitive from justice.” It said extradition proceedings continued through Ghana’s Attorney General and followed a separate legal track from the immigration case.
That position leaves two proceedings operating on different fronts. The immigration court assessed whether Ofori-Atta qualified for adjustment of status. Ghanaian courts retain the role claimed by the prosecutor for deciding the criminal allegations under Ghanaian law.
The ruling’s scope remains tied to an immigration proceeding
The reported decision does not automatically erase the 78 Ghanaian counts or prevent extradition efforts. It may assist Ofori-Atta in U.S. immigration proceedings, but the reported findings appear fact-specific rather than a binding judgment on the merits of the Ghana prosecution.
The distinction is especially relevant because the public account comes from reporting about the ruling rather than the full written judgment. It remains unclear whether Gardey broadly rejected the credibility of Ghana’s charges or concluded more narrowly that Ofori-Atta satisfied the legal requirements for permanent residence.
The prosecutor has also argued that the U.S. immigration court lacked jurisdiction to adjudicate the credibility of Ghana’s criminal charges. The immigration proceeding therefore produced a finding about the evidence presented in that forum, while the prosecutor continues to assert Ghana’s authority over the criminal case.
Ofori-Atta served as Ghana’s finance minister from 2017 to 2024. The allegations concern a state contract awarded to Strategic Mobilisation Ghana Limited, known as SML, to improve petroleum-sector revenue collection.
An independent KPMG review commissioned by the Ghanaian government reportedly identified inefficiencies in the contract but found no direct evidence of criminal misconduct by Ofori-Atta. The OSP, however, alleged corruption and continued to seek his return.
Health and U.S. ties also featured in the status case
The court reportedly considered Ofori-Atta’s ongoing cancer treatment and his long-standing ties to the United States when deciding his immigration status. The reported outcome makes him a lawful permanent resident.
His legal team has argued that the judge’s assessment of the evidence weakens the basis for extradition. Ghanaian authorities continue to dispute that consequence.
A separate development came in February 2026, when Interpol’s Commission for the Control of Files withdrew a Red Notice concerning Ofori-Atta. The commission concluded that the case was “predominantly political” in nature.
That action did not dispose of the Ghanaian prosecution. The High Court in Accra continues to maintain a valid warrant of arrest, and the prosecutor continues to seek Ofori-Atta’s return to face the corruption-related counts.
Ghana’s warrant and extradition effort remain active
The permanent-residence grant changes Ofori-Atta’s U.S. immigration status, but it does not itself cancel the Accra warrant. Nor does it decide whether Ghana can satisfy the requirements for extradition through the applicable legal process.
The prosecutor’s office has framed the status ruling as separate from its effort to bring Ofori-Atta before a Ghanaian court. Its July 21 statement emphasized that the American proceeding involved DHS, not the Ghanaian agency, and that the criminal allegations remain for Ghanaian courts.
Former Special Prosecutor Martin Amidu criticized the government’s pursuit of Ofori-Atta in July 2026, calling it a “witch-hunt.” His criticism adds a political dispute to the legal arguments surrounding the case.
Gardey’s reported ruling therefore has two immediate effects. It grants Ofori-Atta lawful permanent residence and records a judge’s criticism of the evidence submitted against him. It does not, on the public account available, terminate the Ghanaian charges, remove the Accra warrant or end the extradition effort.
The next legal fight will concern the separate proceedings in which Ghana seeks Ofori-Atta’s return. The American immigration ruling was issued on June 15, 2026, while the prosecutor’s response came on July 21, 2026.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
