A United States immigration judge has raised concerns about the strength of corruption allegations brought against former Ghanaian Finance Minister Ken Ofori-Atta, saying evidence presented by the Office of the Special Prosecutor (OSP) did not persuasively establish criminal wrongdoing.
Judge David Gardey made the observations in a ruling dated June 15, 2026, in which he approved Mr Ofori-Atta’s application for permanent residency in the United States.
The judge’s decision followed an assessment of the corruption allegations against the former minister, including more than 70 criminal counts filed by the OSP in Ghana. However, Judge Gardey concluded that the material submitted to the US immigration court did not provide sufficiently credible or reliable evidence to demonstrate that Mr Ofori-Atta had engaged in criminal conduct or personally benefited from his position as Finance Minister.
In his ruling, the judge described the OSP’s affidavit as containing “full of conclusory allegations” and said it lacked credible or reliable facts to substantiate the claims of criminal wrongdoing.
“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 court acknowledged that the allegations from Ghana involved serious claims, including alleged corruption, conspiracy and the misuse of public funds. However, Judge Gardey found that the evidence placed before him did not adequately support those accusations.
Mr Ofori-Atta, according to the ruling, denied receiving anything of value from companies or individuals connected to the investigations. He also denied personally benefiting from decisions made while he was a government official.
The judge said he found Mr Ofori-Atta’s testimony credible and considered the absence of persuasive evidence of criminal conduct as an important factor in determining whether he should receive immigration relief.
The assessment formed part of a wider review of Mr Ofori-Atta’s circumstances, including his overstay of a US visa and the concerns that could ordinarily weigh against an application for permanent residency.
In balancing those concerns against the factors in Mr Ofori-Atta’s favour, the court considered his longstanding connections to the United States. These included his education and professional background in the country, the presence of his US citizen son, his lack of a criminal record in the United States and his need for medical treatment there.
The judge also considered developments surrounding the Ghanaian investigations.
Among the factors cited was the removal of an Interpol Red Notice associated with the allegations against Mr Ofori-Atta. The court also referred to a KPMG review, which it said identified administrative weaknesses but did not establish criminal wrongdoing by Mr Ofori-Atta or members of his staff.
Another consideration was the absence of an extradition case pursued by the US Department of Justice following Ghana’s request.
Taken together, Judge Gardey said these factors strengthened the case for granting Mr Ofori-Atta immigration relief. In his assessment, the evidence presented regarding the corruption allegations was not sufficiently credible or persuasive to outweigh the positive factors supporting the former minister’s application.
The ruling, however, was made within the context of Mr Ofori-Atta’s US immigration proceedings. The judge’s assessment of the evidence was therefore relevant to determining his eligibility for immigration relief and does not, by itself, constitute a final ruling on the merits of the criminal allegations pending in Ghana.
The decision has nonetheless drawn attention because of the judge’s criticism of the evidence presented by the OSP and his conclusion that the material before the immigration court did not persuasively establish criminal wrongdoing by the former Finance Minister.
