By Zobia Zulfqar 
A United States immigration judge has ruled that Ghana’s Office of the Special Prosecutor (OSP) failed to present sufficient evidence to prove that former Finance Minister Kenneth Ofori Atta committed any criminal wrongdoing.
The decision was delivered by Immigration Judge David Gardey at the Annandale Immigration Court on June 15, 2026, following a hearing on Mr. Ofori Atta’s application to adjust his immigration status in the United States.
The case attracted attention after the U.S. Department of Homeland Security opposed the application. The department argued that Mr. Ofori Atta should not be granted immigration relief because he faces more than 70 criminal charges in Ghana connected to the Strategic Mobilisation Limited (SML) contract.
During the proceedings, the court examined a 200 page affidavit submitted by Ghana’s Office of the Special Prosecutor, together with the official charge sheet outlining the allegations against the former minister.
After reviewing the evidence, Judge Gardey concluded that the materials presented by the OSP did not establish that Mr. Ofori Atta had committed any criminal offence.
According to the ruling, the affidavit contained broad allegations but lacked credible and reliable facts to support claims of corruption, abuse of office, or personal misconduct.
The judge stated that the prosecution failed to provide persuasive evidence showing that Mr. Ofori Atta abused his position as Finance Minister, engaged in corrupt practices, or personally benefited from decisions made during his time in office.
The court also accepted testimony from Mr. Ofori Atta, who told the judge that he never received money, gifts, or any other valuable benefit from companies connected to the investigation.
He also maintained that he did not personally profit from any official decisions taken while serving as Ghana’s Finance Minister.
Judge Gardey found no credible evidence to contradict that testimony.
The ruling also referred to the withdrawal of an Interpol Red Notice that had been issued against Mr. Ofori Atta earlier this year.
According to the court, Interpol’s Commission for the Control of Files removed the notice after concluding that the matter appeared to be predominantly political rather than criminal in nature.
The judge considered that decision as part of the overall assessment of the evidence presented during the hearing.
The court also examined findings from an independent review conducted by KPMG on the Strategic Mobilisation Limited contract.
The review had been commissioned by the Government of Ghana to assess the implementation of the agreement.
According to the ruling, the KPMG report identified weaknesses and inefficiencies in the management of the contract. However, it did not find evidence that Mr. Ofori Atta or officials working under his supervision had committed criminal misconduct.
Judge Gardey also addressed the issue of extradition during the proceedings.
He observed that no criminal complaint had been filed by United States authorities to support Ghana’s request or allegations.
The absence of such legal action was one of several factors the court considered when evaluating whether there was sufficient evidence of criminal wrongdoing.
During the hearing, lawyers representing Mr. Ofori Atta argued that the prosecution against their client was politically motivated.
They told the court that the allegations were intended to target the former Finance Minister rather than establish genuine criminal liability.
Lawyers representing the U.S. Department of Homeland Security maintained that the constitutional authority of Ghana’s Office of the Special Prosecutor was not the issue before the court.
Instead, they argued that the court’s responsibility was to determine whether the evidence supported the criminal allegations.
After hearing arguments from both sides and reviewing all documents submitted, Judge Gardey ruled that Mr. Ofori Atta had not been credibly shown to have committed any criminal offence.
The decision cleared the way for the court to approve his application for adjustment of immigration status in the United States.
In reaching that decision, the judge also considered several personal factors, including Mr. Ofori Atta’s long standing ties to the United States.
These included his education, his previous employment with financial institutions Morgan Stanley and Salomon Brothers, his ongoing cancer treatment, and the fact that he has a son who is a United States citizen.
The ruling represents an important legal development for the former Finance Minister, whose case has generated significant public and political debate in Ghana.
While the U.S. immigration court’s decision relates specifically to his immigration proceedings, it also raises fresh questions about the strength of the evidence presented in the criminal case brought against him by Ghana’s Office of the Special Prosecutor.
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