OSP rubbishes US Immigration Judge’s ruling on Ofori-Atta

The Office of the Special Prosecutor (OSP) has insisted that former Finance Minister Ken Ofori-Atta remains a fugitive from justice in Ghana, stressing that a decision by a United States immigration court has no bearing on the criminal proceedings pending against him before the Ghanaian courts.

The OSP’s position follows comments by US Immigration Judge David Gardey, who approved Mr Ofori-Atta’s application for permanent residency after finding that allegations presented by the OSP in the immigration proceedings lacked credible evidence of criminal wrongdoing.

In a statement issued yesterday, Tuesday, 21 July, the anti-corruption agency clarified that its involvement in the United States relates solely to extradition proceedings being pursued through Ghana’s Attorney-General and not to Ofori-Atta’s immigration case.

According to the OSP, the US immigration court’s ruling neither determines nor affects the validity of the criminal charges facing the former minister in Ghana.

“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,” the statement said.

The Office explained that three distinct legal processes are currently underway involving Mr Ofori-Atta.

These include immigration proceedings in the United States concerning his immigration status, extradition proceedings to determine whether he should be surrendered to Ghana, and criminal proceedings before the High Court in Accra.

The OSP maintained that the criminal case in Ghana remains active and that a valid warrant for Mr Ofori-Atta’s arrest issued by the High Court continues to be in force.

“Mr Ofori-Atta remains a fugitive from justice in Ghana, and he is required to submit himself to the jurisdiction of the High Court, Accra, to answer the criminal charges pending against him,” the statement added.

The anti-corruption agency further stated that the prosecution would proceed in accordance with Ghanaian law and the directives of the High Court, irrespective of whether the former minister is physically present in the country.

Judge Gardey, in a ruling dated 15 June 2026, questioned the strength of the OSP’s case while explaining his decision to grant Mr Ofori-Atta permanent resident status in the United States.

According to the ruling, the judge found that the OSP’s affidavit was “full of conclusory allegations” and lacked “credible or reliable facts” demonstrating that the former Finance Minister had engaged in criminal conduct.

The court reviewed the OSP’s case, which reportedly contains more than 70 criminal counts against Mr Ofori-Atta, but concluded that the material presented did not persuasively establish wrongdoing or personal enrichment during his tenure as Finance Minister.

“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,” Judge Gardey stated.

The judge acknowledged that Ghana had made serious allegations, including conspiracy and the misuse of public funds, but said the evidence submitted was insufficient to substantiate those claims.

Instead, the court accepted Mr Ofori-Atta’s testimony as credible. He denied receiving anything of value from companies or individuals connected to the investigations and rejected claims that he had personally benefited from decisions taken while in public office.

The immigration court said its assessment formed part of a broader balancing exercise to determine whether Mr Ofori-Atta’s positive circumstances outweighed concerns arising from his immigration history, including overstaying a US visa.

Among the factors considered were his long-standing educational and professional ties to the United States, his American citizen son, his lack of a criminal record in the country and his ongoing medical treatment there.

Judge Gardey also referred to the removal of an Interpol Red Notice connected to Ghana’s charges, a KPMG review which found administrative weaknesses but no criminal wrongdoing by Mr Ofori-Atta or his staff, and the fact that the US Department of Justice had not pursued an extradition case based on Ghana’s request.

The judge concluded that those factors supported his finding that the allegations against the former Finance Minister were not sufficiently credible to outweigh the positive considerations in his immigration application.

Despite the US court’s findings, the OSP maintains that the criminal charges against Mr Ofori-Atta remain before the High Court in Accra and that only the Ghanaian courts have the authority to determine his guilt or innocence.

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