By Daniel Bampoe
Former Finance Minister Ken Ofori-Atta has won a major legal victory in the United States after an immigration court reportedly approved his application for adjustment of status, paving the way for him to become a lawful permanent resident of the United States and potentially complicating ongoing efforts by the Ghanaian government to secure his return to face corruption-related charges.
The ruling marks the latest twist in a legal and political saga that has stretched across two continents and involved immigration authorities, extradition proceedings, anti-corruption investigations, and international law enforcement agencies.
According to sources familiar with the proceedings, the U.S. immigration court approved Ofori-Atta’s Form I-485 petition, a legal application that allows an individual already residing in the United States to adjust their immigration status and obtain permanent resident status, commonly referred to as a Green Card.
The application was reportedly sponsored by his adult son, a United States citizen.
The decision comes months after Ofori-Atta was arrested by agents of the U.S. Immigration and Customs Enforcement (ICE) in Washington, D.C., on January 6, 2026, over issues relating to his immigration status.
He was subsequently detained at the Caroline Detention Facility in Virginia before being granted bail and released in April.
International Legal Battle
Ofori-Atta served as the Finance Minister from 2017 to 2023 under former President Nana Addo Dankwa Akufo-Addo, becoming one of the most influential figures in the New Patriotic Party (NPP) administration.
During his tenure, he oversaw major economic reforms, negotiations with the International Monetary Fund (IMF), and the country’s controversial Domestic Debt Exchange Programme.
However, following the change of government in January 2025 and the return of President John Dramani Mahama and the National Democratic Congress (NDC) to power, Ofori-Atta became the focus of multiple investigations led by the Office of the Special Prosecutor (OSP).
The OSP accused him of corruption and corruption-related offences linked to several government transactions, including the Strategic Mobilisation Limited (SML) contract, the National Cathedral project, and other procurement-related matters.
Prosecutors eventually filed more than 70 criminal counts against him and several co-accused persons.
The Fugitive Declaration And INTERPOL Controversy
The dispute escalated dramatically in 2025 when the OSP declared Ofori-Atta a fugitive from justice after he failed to appear for questioning while receiving medical treatment in the United States.
The OSP subsequently sought an INTERPOL Red Notice to facilitate his arrest and possible extradition.
However, that strategy later suffered a major setback when the Commission for the Control of INTERPOL’s Files reviewed the matter and ordered the permanent deletion of the notice. INTERPOL concluded that the notice appeared inconsistent with its rules governing political neutrality and identified concerns about the political context surrounding the investigation.
The international police body cited public disagreements between political actors and controversy over the timing of the prosecution and extradition efforts.
Sources familiar with the latest U.S. immigration proceedings indicate that testimony relating to the INTERPOL controversy featured prominently during the hearing.
A witness reportedly familiar with international law enforcement procedures is said to have criticised aspects of the process used by Ghanaian authorities, while the court also examined the circumstances under which Ofori-Atta had been declared a fugitive despite reportedly being under medical supervision in the United States and maintaining communication through his legal representatives.
Some reports suggest that questions were raised about whether an apology should have been issued following INTERPOL’s decision to remove the Red Notice, although no official public statement from INTERPOL has been released confirming such an apology.
Judge Examines Case
Sources say the U.S. immigration judge carefully reviewed evidence relating to the prosecution and questioned whether certain aspects of the case reflected a conventional criminal prosecution.
The court reportedly considered submissions regarding the conduct of Ghanaian investigators, public commentary by government officials, and the broader circumstances surrounding efforts to compel Ofori-Atta’s return.
However, legal observers stress that the immigration court was not deciding whether Ofori-Atta is guilty or innocent of the charges pending against him in Ghana.
Rather, the court’s task was to determine whether he qualified for adjustment of status under U.S. immigration law and whether any factors before the court affected that determination.
The judge ultimately found sufficient grounds to approve the I-485 petition.
What Permanent Residency Means
Approval of Form I-485 grants lawful permanent resident status, allowing an individual to live and work indefinitely in the United States.
Permanent residency also provides a pathway toward eventual U.S. citizenship, provided statutory requirements are met.
For Ofori-Atta, the ruling represents a significant personal and legal victory after months of uncertainty over his immigration future.
The decision may also have implications for the extradition efforts, which began formally in February 2026 when the government transmitted an extradition package through diplomatic channels.
Although the immigration ruling does not automatically block extradition proceedings, legal analysts say it strengthens Ofori-Atta’s position by providing him with a more secure immigration status while he continues to challenge attempts to return him to Ghana.
Extradition Fight Far From Over
Despite the immigration court’s decision, Ghanaian authorities continue to insist that Ofori-Atta must return to answer the charges against him.
President Mahama has repeatedly stated that the matter is now in the hands of the American judicial system and beyond the direct control of the Ghanaian government.
The Attorney-General and the OSP have also maintained that the prosecution is based solely on evidence gathered during investigations and not political considerations.
Meanwhile, Ofori-Atta’s legal team continues to argue that he has been the target of a politically motivated campaign and would struggle to receive a fair hearing if returned under the current circumstances.
