By Issah Olegor
Former Finance Minister Ken Ofori-Atta has secured a major legal victory in the United States after an immigration court reportedly granted his application for adjustment of status to lawful permanent residency, a development that could significantly complicate the efforts to secure his return to face criminal prosecution.
According to reports, the ruling was delivered by Judge David A. Gardey of the Annandale Immigration Court in Virginia, who is said to have raised concerns about the criminal case filed against the former Finance Minister by Ghana’s Office of the Special Prosecution (OSP).
The court reportedly found that the allegations presented during the immigration proceedings lacked sufficient persuasive evidence to justify denying Ofori-Atta’s application for permanent residency.
The decision marks the latest chapter in an international legal battle that began after Ofori-Atta left Ghana in January 2025 to seek medical treatment in the United States.
While abroad, the Office of the Special Prosecution launched a series of investigations into his conduct during his tenure as Finance Minister under former President Nana Addo Dankwa Akufo-Addo.
The investigations centered on several high-profile transactions, including the Strategic Mobilisation Limited (SML) revenue assurance contract, National Cathedral payments, the termination of the ECG-BXC contract, ambulance procurement, and the utilization of the Tax Refund Account.
The OSP subsequently filed dozens of criminal charges against the former minister and initiated processes to secure an INTERPOL Red Notice after declaring him wanted for allegedly failing to cooperate with investigations.
However, Ofori-Atta challenged the Red Notice before the Commission for the Control of INTERPOL’s Files (CCF), which later directed that it be deleted, citing INTERPOL’s rules and concerns surrounding the circumstances under which the notice had been issued.
Although the OSP maintained that the deletion did not affect the underlying criminal case or the extradition request, Ofori-Atta’s legal team described it as a major vindication.
According to reports on the latest U.S. immigration proceedings, Judge Gardey referenced the removal of the INTERPOL Red Notice as one of the factors considered by the court.
The ruling reportedly noted that INTERPOL had identified political considerations surrounding the matter, observations which were taken into account during the immigration proceedings.
The court is also reported to have questioned the evidentiary basis of the criminal allegations advanced against Ofori-Atta during the hearing.
Judge Gardey was quoted as stating that the charges brought by Ghana’s Office of the Special Prosecution “do not have any basis and are not credible,” while indicating that the evidence presented before the immigration court did not establish persuasive proof of criminal wrongdoing.
During the proceedings, Ofori-Atta reportedly testified extensively regarding his tenure as Finance Minister and denied personally benefiting from any of the transactions under investigation.
The court is said to have found his testimony credible and accepted evidence presented by his legal team in support of his application for adjustment of status.
The immigration court also reportedly observed that although the United States Department of Justice had received the extradition request, no formal extradition complaint had been filed before a U.S. court at the time of the immigration proceedings.
According to the reports, this was cited as another factor considered in assessing the overall circumstances surrounding the case.
The ruling grants Ofori-Atta lawful permanent resident status in the United States through an approved Form I-485, allowing him to remain and work in the country while also placing him on a pathway toward eventual U.S. citizenship, subject to American immigration laws.
Despite the immigration court’s reported decision, the legal battle is far from over.
The Office of the Special Prosecution has consistently maintained that the merits of the corruption case can only be determined by Ghanaian courts and has insisted that the criminal charges remain valid.
The OSP has further argued that immigration proceedings in the United States are separate from Ghana’s criminal prosecution and do not determine the former minister’s guilt or innocence.
Ghanaian authorities have repeatedly stated that they remain committed to pursuing Ofori-Atta’s extradition through established diplomatic and legal channels.
The Attorney-General and the OSP have maintained that the charges relate to alleged corruption and corruption-related offences and that the former Finance Minister should return to Ghana to answer them before the High Court.
