Ken Ofori-Atta Cleared of Wrongdoing by U.S. Court as OSP Insists on Fugitive Status

Former Finance Minister Kenneth Ofori-Atta has secured a major legal victory in the United States after an immigration judge ruled that Ghana’s Office of the Special Prosecutor (OSP) failed to provide credible evidence of criminal wrongdoing. On June 15, 2026, Judge David Gardey of the U.S. Immigration Court dismissed allegations involving over 70 criminal charges related to the Strategic Mobilisation Limited (SML) contract, describing the claims as broad and unsupported by reliable facts. The ruling has paved the way for Mr. Ofori-Atta to adjust his immigration status to permanent residency, with the court citing his long-standing ties to the U.S., his education, and his ongoing medical treatment for cancer as significant factors in the decision.

In his judicial reasoning, Judge Gardey emphasized that the OSP’s 200-page affidavit lacked the necessary substance to substantiate claims of corruption or illicit gain. The court noted that a prior review by KPMG found no evidence of criminal misconduct and highlighted that Interpol had withdrawn a Red Notice against Ofori-Atta in February 2026, having deemed the charges potentially politically motivated. The judge further considered Ofori-Atta’s clean criminal record and found his testimony regarding his official duties to be credible. Following the verdict, the former minister expressed profound gratitude, stating that the decision vindicates his reputation against what his legal team characterizes as a politically driven prosecution.

However, Ghana’s Office of the Special Prosecutor, led by Kissi Agyebeng, has remained defiant despite the American ruling. In a statement released on July 21, 2026, the OSP asserted that Mr. Ofori-Atta remains a ‐fugitive from justice‐ and is still required to face trial at the High Court in Accra. The OSP clarified that U.S. immigration proceedings are entirely separate from criminal trials in Ghana, maintaining that only a Ghanaian court possesses the jurisdiction to determine the former minister's guilt or innocence. The Special Prosecutor dismissed media interpretations suggesting the legal matter was settled, insisting that a valid arrest warrant remains in effect and that extradition processes are still relevant.

This legal showdown occurs amidst a broader period of judicial and political tension in Ghana. In a separate development, the Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, was recently sentenced to 20 years in prison for illegal mining. This conviction has sparked intense constitutional debate, with the Minority Caucus and NPP leadership alleging institutional bias and procedural irregularities. Together, these high-profile cases involving Ofori-Atta and Antwi-Boasiako highlight an increasingly polarized legal landscape as the nation grapples with significant corruption trials and the independence of its prosecutorial institutions.