A United States Immigration Judge has approved former Finance Minister Kenneth Ofori-Atta’s application for adjustment of status, ruling that Ghana’s Office of the Special Prosecutor (OSP) failed to provide credible evidence of criminal misconduct against him.
The decision was rendered by Immigration Judge David Gardey at the Annandale Immigration Court following a contested hearing on June 15, 2026.
The U.S. Department of Homeland Security (DHS) had sought to deny Mr. Ofori-Atta immigration relief, citing over 70 criminal charges brought against him in Ghana regarding the Strategic Mobilisation Limited (SML) contract. However, after examining a 200-page affidavit and charge sheet submitted by Special Prosecutor Kissi Agyebeng’s office, the court found the claims unsubstantiated.
Broad Allegations Lacked Credible Proof
Judge Gardey concluded that the OSP’s submission contained sweeping assertions rather than concrete, verifiable facts. The court noted that prosecutors failed to prove that Mr. Ofori-Atta abused his office, engaged in corruption, or personally profited from official decisions made during his tenure as Finance Minister.
“The affidavit contained broad allegations but lacked credible and reliable facts to support the criminal accusations,” the ruling noted, accepting Ofori-Atta’s testimony that he received no financial benefit or improper value from entities under investigation.
Key Legal Findings and Supporting Factors
Several crucial factors weighed into the court’s final ruling:
Interpol Red Notice Withdrawal: Interpol’s Commission for the Control of Files withdrew a Red Notice issued against Ofori-Atta earlier in February, concluding the case was predominantly political in nature.
Independent KPMG Audit: An independent review commissioned by the Ghanaian government identified administrative inefficiencies in the SML contract but found no evidence of criminal acts by Ofori-Atta or his subordinates.
No Domestic U.S. Charges: The judge observed that U.S. authorities had filed no independent criminal complaints to corroborate the claims brought by Ghanaian prosecutors.
Relief Granted Based on Ties and Equity
In approving the application for legal status, Judge Gardey ruled that Ofori-Atta’s extensive ties to the United States outweighed any adverse claims.
These positive factors included his U.S. higher education, prior employment with Wall Street firms Morgan Stanley and Salomon Brothers, ongoing medical treatment for cancer, and fathering a U.S. citizen child.
Following the court’s decision, Mr. Ofori-Atta expressed his gratitude to the court for reviewing the facts impartially.
