A U.S. immigration judge has ruled that Ghana’s Office of the Special Prosecutor (OSP) failed to produce persuasive evidence that former Finance Minister Kenneth Ofori-Atta committed any crime, granting his application for adjustment of status.
Judge David Gardey delivered the ruling from the bench on June 15, 2026, at the Annandale Immigration Court following a contested hearing. The U.S. Department of Homeland Security (DHS) had argued that Ofori-Atta should be denied relief because of pending criminal charges in Ghana. However, a certified transcript of the proceedings obtained by 3News shows the court rejected those arguments.
Court Finds No Persuasive Evidence
The case centred on whether Ofori-Atta, who served as Ghana’s Finance Minister from 2017 to 2024, engaged in criminal wrongdoing in relation to a state contract with Strategic Mobilisation Ghana Limited (SML), a company contracted to enhance revenue collection from downstream petroleum transactions.
The OSP submitted a more than 200-page affidavit alleging corruption, alongside formal charges containing over 70 counts. After reviewing the evidence, the court concluded that the allegations were not supported by persuasive proof.
“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, or that the respondent personally profited from his work as a government official in Ghana.”
The judge also found that the affidavit largely contained conclusory allegations without credible or reliable facts to support claims of criminal wrongdoing. The court further accepted Ofori-Atta’s testimony that he neither received anything of value from entities involved in the investigation nor personally profited from his actions as a public official.
Interpol, KPMG Review and Extradition
The ruling also referenced Interpol’s decision to delete an earlier Red Notice against Ofori-Atta after its Commission for the Control of Files (CCF) reportedly concluded that the matter was predominantly political. The court cited testimony from an Interpol expert as supporting that conclusion.
Judge Gardey also referred to a KPMG review commissioned by the Government of Ghana, which found procedural inefficiencies but no indication of criminal wrongdoing by Ofori-Atta or members of his staff.
On the issue of extradition, the court observed that no criminal complaint had been filed by U.S. authorities seeking Ofori-Atta’s extradition, a factor it considered consistent with its assessment that there was no persuasive evidence of criminal conduct.
During the hearing, Ofori-Atta’s lawyer, Mr. Qasimi, argued that the prosecution was politically motivated and pointed to a pending case before Ghana’s Supreme Court challenging the OSP’s constitutional authority to prosecute independently. DHS attorney Mr. Anderson maintained that the OSP’s constitutional authority was not relevant to the credibility of its findings.
The court also noted that a new government assumed office after the December 2024 elections and that Ofori-Atta served under the previous administration before concluding that the evidence did not credibly establish his involvement in criminal wrongdoing.
Court Grants Adjustment of Status
In deciding to grant Ofori-Atta’s application for adjustment of status, the judge considered his long-standing ties to the United States, including decades of education, his previous employment at Morgan Stanley and Salomon Brothers, his ongoing cancer treatment and the fact that he has a U.S. citizen son.
“The court finds that the positive equities far outweigh the negative equities such that the court will exercise its discretion and grant the respondent’s request for adjustment of status.”
The judge also acknowledged the personal toll the proceedings had taken on Ofori-Atta before confirming that he had established his eligibility for adjustment of status. Ofori-Atta subsequently expressed appreciation to the court.
Source: 3News, based on the official transcript of the June 15, 2026 hearing before the Annandale Immigration Court.
