A United States immigration judge has ruled that Ghana’s Office of the Special Prosecutor (OSP) failed to provide persuasive evidence to prove that former Finance Minister Ken Ofori-Atta committed any criminal wrongdoing.

Immigration Judge David Gardey made the finding on June 15, 2026, at the Annandale Immigration Court in Virginia, while ruling on Mr Ofori-Atta’s application for adjustment of status in the United States.

The Department of Homeland Security had argued that Mr Ofori-Atta should not be granted relief because of pending criminal charges filed against him in Ghana by the OSP.

However, Judge Gardey said after reviewing the affidavit submitted by the OSP and the charges filed against the former minister, he found no convincing evidence that Mr Ofori-Atta had engaged in criminal activity or personally benefited from his role as a public official.

“The court carefully reviewed the Office of the Special Prosecutor's affidavit and the court finds that the affidavit is lacking in any persuasive proof or evidence that the respondent has engaged in any criminal wrongdoing as alleged,” the judge said.

The court also noted that Mr Ofori-Atta had denied receiving any benefit from entities involved in the OSP investigations and found that his testimony was credible.

The ruling further referenced a KPMG review commissioned by the Ghanaian government, which identified inefficiencies in the SML contract arrangement but did not establish criminal wrongdoing by Mr Ofori-Atta or his staff.