A US immigration judge, David Gardey, has questioned the strength of the corruption case against former Minister of Finance, Ken Ofori-Atta, saying allegations filed by the Office of the Special Prosecutor (OSP) lacked credible evidence of criminal wrongdoing.
In explaining his decision to approve Mr. Ofori-Atta’s permanent residency application, the US Immigration Judge said the OSP’s affidavit was “full of conclusory allegations” and did not provide “credible or reliable facts” showing that the former minister engaged in criminal conduct.
The judge’s comments, contained in his June 15, 2026 ruling, provide the court’s reasoning for why it found Mr. Ofori-Atta deserving of immigration relief despite the corruption-related charges brought against him in Ghana.
Judge Gardey said he had reviewed the OSP’s case, which includes more than 70 criminal counts against Mr. Ofori-Atta, but found the evidence presented did not persuasively demonstrate that he committed wrongdoing as Finance Minister or personally benefited from his public position.
“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 judge said.
The court said that while the allegations from Ghana described serious claims of corruption, including accusations of conspiracy and misuse of public funds, the OSP had not provided sufficient evidence to support those claims.
Instead, the judge said Mr. Ofori-Atta had testified credibly and denied receiving anything of value from companies or individuals involved in the investigations, or benefiting personally from decisions he made while serving as a government official.
The judge’s assessment was part of a broader evaluation of whether Mr. Ofori-Atta’s positive circumstances outweighed immigration concerns, including his overstay of a US visa.
In reaching his decision, the court considered Mr. Ofori-Atta’s long-standing ties to the United States, including his education and professional career there, his US citizen son, his lack of a criminal record in the country, and his medical treatment in the United States.
The judge also cited the removal of an Interpol Red Notice linked to Ghana’s charges, a review by KPMG that 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.
Judge Gardey said those factors supported his conclusion that the allegations against Mr. Ofori-Atta were not credible enough to outweigh the positive factors in his immigration case.
