Former Finance Minister Ken Ofori-Atta has secured a significant legal victory in the United States after an immigration court approved his application to adjust his immigration status, paving the way for him to obtain lawful permanent residency.
The decision was delivered on Monday during proceedings in which the court considered Mr Ofori-Atta’s I-485 petition, a crucial step in the process of acquiring permanent resident status in the United States.
According to his lawyer, Frank Davies, the court examined issues surrounding the criminal investigations and charges currently facing the former minister in Ghana.
During the hearing, the judge reportedly raised concerns about certain circumstances surrounding actions taken by Ghana’s Office of the Special Prosecutor (OSP), particularly its earlier declaration of Mr Ofori-Atta as a fugitive from justice.
The court was informed that the declaration was made while the former Finance Minister was receiving medical treatment in the United States and at a time when his legal representatives were still engaging with investigators in Ghana.
Evidence was also presented by a witness familiar with international policing and INTERPOL procedures, who reportedly questioned aspects of the process adopted by Ghanaian authorities in pursuing the case.
Mr Ofori-Atta, however, remains the subject of multiple criminal charges in Ghana linked to decisions taken during his tenure as Finance Minister.
Although the US court’s ruling does not affect the criminal proceedings pending before Ghanaian courts, legal observers believe it could have implications for any future attempts by Ghanaian authorities to secure his return to face the charges.
The substantive criminal matters against the former minister remain under the jurisdiction of Ghana’s courts and are expected to proceed in accordance with Ghanaian law.
Mr Ofori-Atta is facing allegations of financial irregularities, including claims that a contract awarded to Strategic Mobilisation Limited resulted in a loss of more than GH¢1.4 billion to the state.
He is also under investigation by the OSP, which in June 2025 initiated steps to secure an INTERPOL Red Notice after he reportedly failed to respond to several invitations for questioning. The notice was subsequently deleted by INTERPOL.
