
Former Finance Minister Kenneth Ofori-Atta has been granted permanent residency in the United States following a landmark ruling by an immigration judge who found that corruption allegations leveled against him by Ghana's Office of the Special Prosecutor (OSP) lacked credible evidence. On June 15, 2026, Immigration Judge David Gardey ruled that the OSP failed to provide persuasive proof for over 70 criminal charges related to the Strategic Mobilisation Limited (SML) contract. The judge described the allegations as broad and unsubstantiated, suggesting they appeared politically motivated. This decision significantly bolsters Ofori-Atta's legal standing in the U.S., where he has been seeking medical treatment for cancer and maintains long-standing ties through his education and family.
In his ruling, Judge Gardey highlighted that a review by the international audit firm KPMG found no evidence of criminal misconduct regarding the SML contract. The court also took note of the withdrawal of an Interpol Red Notice against Ofori-Atta earlier this year, which reinforced the perception of the charges being politically driven. Ofori-Atta’s application for an adjustment of status was approved based on his clean criminal record, his U.S.-citizen son, and his prior professional and educational history in the country. The former minister expressed profound gratitude for the court's decision, which he viewed as a vindication against the charges filed by the Ghanaian authorities.
However, the Office of the Special Prosecutor has issued a firm rebuttal, insisting that Ofori-Atta remains a "fugitive from justice" in Ghana despite the U.S. court's findings. The OSP, led by Kissi Agyebeng, clarified that U.S. immigration proceedings are entirely separate from the criminal case pending in Ghana’s High Court. According to the OSP, a valid warrant for Ofori-Atta's arrest remains in effect, and the office maintains that only a Ghanaian court has the jurisdiction to determine the credibility of the evidence or the guilt of the accused. The OSP dismissed media claims that the former minister had been cleared of all wrongdoing, emphasizing that extradition efforts are still being pursued.
This legal standoff underscores a growing tension between international judicial assessments and Ghana’s domestic anti-corruption efforts. While the U.S. ruling provides Ofori-Atta with immediate relief and residency, the ongoing criminal charges in Accra ensure that the case remains a significant point of political contention. As the OSP continues to push for his return to face trial, the next phase of this legal battle will likely center on the formal extradition process and whether the evidence deemed insufficient by a U.S. judge will be viewed differently within the Ghanaian judicial system.
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