A US immigration judge, David Gardey, has raised concerns regarding the validity of the corruption case against former Minister of Finance, Ken Ofori-Atta, stating that the allegations presented by the Office of the Special Prosecutor (OSP) lacked credible evidence of any criminal activity.
In justifying his decision to grant Mr. Ofori-Atta permanent residency, the US Immigration Judge remarked that the OSP’s affidavit was “full of conclusory allegations” and failed to offer “credible or reliable facts” that would indicate the former minister’s involvement in criminal actions.
The judge’s remarks, outlined in his ruling dated June 15, 2026, elucidate the court’s rationale for deeming Mr. Ofori-Atta eligible for immigration relief despite the corruption-related accusations he faces in Ghana.
Judge Gardey indicated that he had examined the OSP’s case, which comprises over 70 criminal charges against Mr. Ofori-Atta, but concluded that the evidence provided did not convincingly establish that he had engaged in misconduct as Finance Minister or had personally profited from his governmental role.
“The absence of any compelling evidence suggesting any form of criminal wrongdoing or conspiracy involving the respondent in the OSP’s affidavit is significant evidence,” the judge stated.
The court noted that although the allegations from Ghana outlined serious corruption, including conspiracy and misappropriation of public funds, the OSP had not provided sufficient evidence to substantiate them.
The judge stated that Mr. Ofori-Atta had provided credible testimony and refuted claims of receiving any benefits from companies or individuals implicated in the investigations, as well as any personal gain from his decisions made during his tenure as a government official.
This evaluation by the judge was part of a larger assessment of whether the favorable aspects of Mr. Ofori-Atta’s situation surpassed the immigration issues, including his overstay of a US visa.
In making its ruling, the court took into account Mr. Ofori-Atta’s enduring connections to the United States, including his education and professional background there, his son, who is a US citizen, his clean criminal record in the country, and his medical care received in the United States.
The judge also referenced the withdrawal of an Interpol Red Notice associated with the charges from Ghana, a KPMG review that identified administrative shortcomings but found no criminal misconduct by Mr. Ofori-Atta or his team, and the absence of any extradition efforts by the US Department of Justice in response to Ghana’s request.
Judge Gardey concluded that these elements reinforced his determination that the accusations against Mr. Ofori-Atta lacked sufficient credibility to outweigh the favorable factors in his immigration case.
