Ken Ofori-Atta Cleared by US Immigration Court: A Win for Rule of Law and Due Process

By Edwin Gyimah

In a landmark decision that underscores the importance of due process and credible evidence, a United States immigration court has ruled that Ghana's Office of the Special Prosecutor (OSP) failed to prove any criminal wrongdoing against former Finance Minister Ken Ofori-Atta. This ruling is not just a personal victory for Ofori-Atta; it is a powerful signal that allegations, no matter how serious, must be backed by facts.

Immigration Judge David Gardey of the Annandale Immigration Court delivered the verdict on June 15, 2026, after a contested hearing. The U.S. Department of Homeland Security (DHS) had opposed Ofori-Atta's application for adjustment of immigration status, but the court found the OSP's evidence lacking. The decision is a testament to the strength of independent judiciaries and the rule of law.

Why the Court Rejected the OSP's Case

The case centered on allegations around a state contract awarded to Strategic Mobilisation Ghana Limited (SML) for revenue collection from downstream petroleum operations. The OSP submitted a 200-page affidavit and over 70 criminal charges, accusing Ofori-Atta of corruption and other offenses.

However, Judge Gardey ruled that the affidavit lacked persuasive evidence. The court stated that the material consisted of broad allegations unsupported by credible facts. There was no convincing proof that Ofori-Atta committed any crime or personally benefited from his role as Finance Minister.

Judge Gardey also accepted Ofori-Atta's testimony as credible. The former minister denied receiving any financial benefit or inducement related to the SML transaction. This finding aligns with the earlier decision by Interpol's Commission for the Control of Files (CCF), which canceled the Red Notice against Ofori-Atta in February 2026, describing the request as predominantly political.

KPMG Review and No Extradition Request

The court also considered a KPMG review commissioned by the Government of Ghana. While the review identified procedural shortcomings in the SML transaction, it found no evidence of criminal conduct by Ofori-Atta or officials under his supervision. Additionally, Judge Gardey noted that U.S. authorities had not filed any extradition request, despite the criminal charges pending in Ghana. This absence of action, the court said, was consistent with its assessment of the evidence.

During the hearing, Ofori-Atta's legal team argued that the prosecution was politically motivated. They questioned the constitutional authority of the OSP to independently prosecute criminal cases, an issue currently before Ghana's Supreme Court. The DHS maintained that the constitutional questions did not affect the substance of the allegations, but the court ultimately sided with Ofori-Atta.

A Positive Outcome for Ofori-Atta and Ghana

Judge Gardey approved Ofori-Atta's application for adjustment of immigration status, citing several positive factors. These included his long-standing ties to the United States, his professional career, family connections, and ongoing cancer treatment. The judge noted that these considerations outweighed any adverse factors raised during the proceedings.

This ruling is a clear win for Ofori-Atta and a reminder that justice must be based on evidence, not allegations. For Ghana, it highlights the need for transparent and fair legal processes. As we celebrate this victory for due process, we also look forward to a future where our institutions are strengthened by accountability and integrity.

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