US immigration ruling does not clear Ofori-Atta of criminal charges - OSP

The Office of the Special Prosecutor (OSP) has responded to comments made by a United States immigration judge regarding its investigation into allegations against former Finance Minister Ken Ofori-Atta.

In a statement on its Facebook page on Tuesday, July 21, 2026, the OSP clarified that it was not involved in the immigration proceedings in the United States and said its role concerns extradition proceedings being pursued through Ghana's Attorney General.

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

“The OSP stated on 16 June 2026 that it is not involved in immigration hearings in the United States involving Mr. Ofori-Atta, and that the OSP’s involvement relates to extradition proceedings against Mr. Ofori-Atta through the Attorney-General, as the central authority, parts of the statement read.

The office further explained that the extradition case is separate from the immigration case before the US court.

It stressed that the immigration court has no authority to determine whether the criminal charges against Ofori-Atta are credible.

“The OSP reiterates that the extradition packet is not before the immigration court. The credibility or otherwise of the criminal charges against Mr Ofori-Atta is a matter for determination by the courts in Ghana, which have jurisdiction to determine his guilt or innocence. Such matters are not determined by an immigration court in the United States,” it clarified.

The OSP also outlined what it described as three separate legal proceedings involving Ofori-Atta, including the immigration proceedings in the US, the extradition proceedings in the US, and the criminal prosecution before the High Court in Accra.

The office maintained that Ofori-Atta remains before the Ghanaian courts and is wanted in connection with the criminal case against him.

“The OSP reiterates that Mr Ofori-Atta remains the subject of criminal proceedings in Ghana, which are before the High Court, Accra. A valid warrant of arrest has been issued by the High Court, Accra, and Mr Ofori-Atta remains a fugitive from justice in Ghana. He is required to submit himself to the jurisdiction of the High Court, Accra, to answer the criminal charges pending against him,” the statement indicated.

The statement added that the criminal case in Ghana will continue in line with the law and the directions of the High Court, regardless of whether Ofori-Atta is present in the country or not.

“The criminal proceedings in Ghana shall continue in accordance with applicable law and the directives of the High Court, Accra, whether or not Mr. Ofori-Atta is present in Ghana,” the OSP assured.

The OSP reaffirmed that Ofori-Atta remains the subject of criminal proceedings in Ghana and that the warrant issued for his arrest remains in force.

“Mr Ofori-Atta remains the subject of criminal proceedings in Ghana, and there exists a valid warrant of arrest issued by the High Court, Accra.

“Mr Ofori-Atta remains a fugitive from justice in Ghana, and he is required to submit himself before the High Court in Ghana to answer the criminal charges against him,” the OSP concluded.

What the US immigration judge said:

The Judge, David Gardey, had 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.

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

"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.

"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," he added.

MAG/VPO

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