A United States immigration court has ruled that Ghana’s Office of the Special Prosecutor (OSP) failed to provide credible evidence linking former Finance Minister Kenneth Ofori-Atta to criminal wrongdoing. This decision came despite numerous allegations and charges brought against him in Ghana. Immigration Judge David Gardey delivered the ruling at the Annandale Immigration Court on June 15, 2026.
The ruling occurred during proceedings for Mr. Ofori-Atta’s application to adjust his immigration status. The U.S. Department of Homeland Security (DHS) had opposed this application. DHS relied partly on allegations submitted by Ghana’s OSP. The OSP presented a more than 200-page affidavit and over 70 criminal charges. These charges related to a contract awarded to Strategic Mobilisation Ghana Limited (SML). SML was contracted to improve revenue collection from Ghana’s downstream petroleum sector.
This development fits into a broader narrative of scrutiny over public contracts and accountability in Ghana. The SML contract, in particular, has been a subject of public debate and review. The OSP’s role in prosecuting high-profile cases has also faced constitutional challenges. These challenges are currently before Ghana’s Supreme Court. The court’s decision underscores the difficulty of proving criminal intent in complex financial arrangements.
Judge Gardey concluded that the OSP’s documents did not establish criminal liability. The court found the allegations largely unsupported by credible facts. It did not demonstrate that Mr. Ofori-Atta committed any offense or personally benefited from the SML contract. The judge accepted Mr. Ofori-Atta’s testimony as credible. Mr. Ofori-Atta denied receiving any financial gain or improper inducement related to the transaction.
The court also considered an earlier ruling by Interpol’s Commission for the Control of Files. Interpol cancelled a Red Notice issued against Mr. Ofori-Atta. Interpol reportedly determined that the request was predominantly political. Judge Gardey also referred to findings from a KPMG review. This review, commissioned by the Government of Ghana, identified procedural weaknesses in the SML contract. However, it found no evidence of criminal conduct involving Mr. Ofori-Atta or officials under his supervision.
The court further observed that U.S. authorities had made no extradition request. This was despite charges pending in Ghana. The judge described this as consistent with his assessment of the available evidence. Mr. Ofori-Atta’s lawyers argued that the prosecution was politically motivated. They also questioned the OSP’s constitutional authority to independently prosecute criminal cases. This issue remains before Ghana’s Supreme Court.
The DHS maintained that constitutional questions did not affect the substance of the allegations. It urged the court to reject the application. However, after reviewing all evidence, the court concluded that Mr. Ofori-Atta had not been credibly shown to have engaged in criminal activity. Judge Gardey subsequently approved his application for adjustment of immigration status. He cited factors such as Mr. Ofori-Atta’s long-standing ties to the United States, family connections, previous professional career, and ongoing cancer treatment.
This ruling could influence future high-profile corruption cases in Ghana. It may also affect the OSP’s operational approach and the perception of its independence. Decision-makers in Ghana will likely consider the implications for international legal cooperation. The outcome could also impact public confidence in anti-corruption institutions. Markets will watch for any shifts in investor sentiment regarding Ghana’s governance framework.