OSP failed to provide credible evidence against Ken Ofori-Atta - US judge

A United States Immigration Court has reportedly ruled that Ghana's Office of the Special Prosecutor (OSP) failed to present credible evidence linking former Finance Minister Ken Ofori-Atta to any criminal wrongdoing.

The finding formed part of the reasons given by Immigration Judge David Gardey when he granted Ofori-Atta's request for permanent residency following an adjustment of status hearing at the Annandale Immigration Court on June 15, 2026.

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According to a report by 3news.com on Tuesday, July 21, 2026, the judge said the court carefully examined the affidavit filed by the OSP but found that it lacked convincing evidence to support the allegations against the former minister.

Judge Gardey said the OSP failed to demonstrate that Ofori-Atta had engaged in any criminal activity or personally benefited from his role as Ghana's Finance Minister.

"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," he said.

The judge further stated that the absence of credible evidence in the OSP's filing was itself significant.

He said the court was not persuaded that Ofori-Atta had been credibly linked to any criminal conduct or conspiracy in Ghana.

"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 respondent has not been credibly charged or credibly been shown to engage in any wrongdoing in Ghana," he reportedly stated.

Judge Gardey is also said to have criticised the contents of the OSP's affidavit, describing it as consisting largely of allegations that were not supported by credible or reliable facts.

"The OSP affidavit is full of conclusory allegations without any description of credible or reliable facts that would indicate any kind of criminal wrongdoing by the respondent," the report quoted him as saying.

The court also accepted Ofori-Atta's testimony denying that he received any personal benefit from the matters under investigation.

Judge Gardey said the former minister gave credible evidence that he did not receive money or any other benefit from any of the entities involved in the OSP's investigations.

"In contrast, the respondent has testified credibly and denied that he received anything of value from any of the entities involved in the OSP investigations, either to reward or influence his actions as a public official or that he personally profited in any way from his actions as a government official in the country of Ghana," the judge said.

The report added that the court also considered Ofori-Atta's long residence in the United States, his education, his previous employment with Morgan Stanley and Salomon Brothers, his family ties in the country, his ongoing cancer treatment, and the fact that he has a U.S. citizen son before granting him permanent residency.

Judge Gardey concluded that the positive factors in the case outweighed the negative ones.

US immigration court rules OSP failed to prove criminal case against Ofori-Atta

"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 ruling stated.

MAG/MA

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