A United States immigration judge, David Gardey, has questioned the evidence supporting corruption allegations filed against former Finance Minister Ken Ofori-Atta by Ghana’s Office of the Special Prosecutor (OSP), stating that the claims did not sufficiently demonstrate criminal wrongdoing.
The comments were contained in Judge Gardey’s June 15, 2026 ruling, in which he approved Mr. Ofori-Atta’s application for permanent residency in the United States despite corruption-related accusations against him in Ghana.
According to the judge, the affidavit presented by the OSP contained broad claims but lacked credible and specific facts proving that the former Finance Minister had committed any criminal offence.
Judge Gardey said he considered the OSP’s case, which involves more than 70 charges against Mr. Ofori-Atta, but found that the evidence submitted did not convincingly show that he acted unlawfully while serving as Finance Minister or personally benefited from his public office.
He noted that the lack of strong evidence pointing to criminal conduct or a conspiracy involving Mr. Ofori-Atta was a key factor in the court’s decision.
The judge acknowledged the seriousness of the allegations, including claims of corruption, conspiracy, and improper use of state funds, but said the materials presented by Ghanaian authorities did not adequately support those accusations.
During the proceedings, Mr. Ofori-Atta denied receiving any benefits from persons or companies connected to the investigations and rejected suggestions that he gained personally from decisions taken during his time in government.
Judge Gardey explained that the court’s determination involved weighing the allegations against other circumstances surrounding Mr. Ofori-Atta’s immigration application, including his previous violation of US visa conditions.
The judge considered several factors in his decision, including Mr. Ofori-Atta’s longstanding ties to the United States, his educational and professional history in the country, his US citizen son, absence of a criminal record in the US, and ongoing medical needs requiring treatment there.
He also cited the cancellation of an Interpol Red Notice related to Ghana’s case, a KPMG review that highlighted administrative weaknesses but did not establish criminal misconduct by Mr. Ofori-Atta or his team, as well as the US Department of Justice’s decision not to proceed with extradition action based on Ghana’s request.
Judge Gardey ultimately concluded that the positive factors in Mr. Ofori-Atta’s case outweighed the concerns raised by the allegations, which he found were not supported by enough credible evidence to deny his immigration relief.
