US Judge: OSP failed to provide credible evidence against Ofori-Atta

A United States immigration judge has raised serious concerns about the strength of the corruption allegations brought against former Ghanaian Finance Minister Ken Ofori-Atta, stating that the evidence presented by Ghana's Office of the Special Prosecutor (OSP) failed to establish credible proof of criminal wrongdoing.

The comments were made by US Immigration Judge David Gardey in a ruling delivered on June 15, 2026, explaining his decision to approve Mr. Ofori-Atta's application for permanent residency in the United States despite ongoing corruption-related investigations in Ghana.

According to the ruling, the court found that the evidence submitted by the OSP consisted largely of allegations that were not supported by verifiable facts capable of demonstrating criminal conduct.

In his written decision, Judge Gardey said he had carefully reviewed the affidavit submitted by Ghana's Office of the Special Prosecutor, which outlines more than 70 criminal counts against the former Finance Minister.

However, the judge concluded that the affidavit contained broad and unsupported claims rather than concrete evidence linking Mr. Ofori-Atta to corruption or criminal conspiracy.

Describing the prosecution's filing, Judge Gardey said the affidavit was "full of conclusory allegations" and lacked "credible or reliable facts" showing that the former minister engaged in criminal misconduct while serving in public office.

"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 in his ruling.

The court said that although the allegations presented by Ghana involved serious accusations, including conspiracy, abuse of office, and the alleged misuse of public funds, the supporting evidence failed to substantiate those claims.

Judge Gardey noted that Mr. Ofori-Atta provided credible testimony throughout the immigration proceedings and consistently denied receiving personal financial benefits from companies or individuals connected to contracts or investigations referenced by the OSP.

According to the ruling, the former Finance Minister also denied using his public office for personal enrichment or engaging in any criminal conspiracy during his tenure in government.

The judge found no persuasive evidence contradicting those assertions.

The assessment of the corruption allegations formed only one part of the immigration court's broader review of whether Mr. Ofori-Atta qualified for permanent residency despite overstaying a previous US visa.

In reaching his decision, Judge Gardey weighed several positive factors, including Mr. Ofori-Atta's longstanding connections to the United States.

These included his educational background, professional career, family ties through his US citizen son, and his medical treatment in the country.

The court also observed that the former minister had no criminal convictions or criminal record in the United States.

The ruling further highlighted several developments that the court considered significant in assessing the credibility of the allegations against Mr. Ofori-Atta.

Judge Gardey noted that an Interpol Red Notice associated with Ghana's request had been removed, reducing concerns about the international criminal allegations.

The court also referred to findings from an independent review conducted by KPMG, which reportedly identified administrative and procurement weaknesses in certain government transactions but did not conclude that Mr. Ofori-Atta or members of his staff had engaged in criminal conduct.

Additionally, the judge observed that the United States Department of Justice had not pursued extradition proceedings based on Ghana's request, a factor the court considered relevant in evaluating the overall credibility and weight of the allegations.

After reviewing the available evidence, Judge Gardey concluded that the corruption allegations were not sufficiently supported to outweigh the positive humanitarian and personal considerations presented in Mr. Ofori-Atta's immigration application.

The court ultimately ruled that the evidence before it did not establish credible criminal wrongdoing and therefore approved the former Finance Minister's application for permanent residency in the United States.

The ruling is expected to attract significant attention in both Ghana and the United States, as investigations involving Mr. Ofori-Atta continue to generate political and legal debate over accountability, public procurement, and anti-corruption efforts.