A United States immigration court has ruled that Ghana's Office of the Special Prosecutor (OSP) failed to present credible evidence linking former Finance Minister Kenneth Ofori-Atta to any criminal wrongdoing, despite the extensive allegations and charges brought against him in Ghana.

The decision was delivered by Immigration Judge David Gardey at the Annandale Immigration Court on June 15, 2026, following a contested hearing in which the U.S. Department of Homeland Security (DHS) opposed Ofori-Atta's application for adjustment of immigration status.

According to a certified transcript of the proceedings obtained by Class News, the court concluded that the evidence presented by the OSP did not substantiate claims that the former Finance Minister had engaged in criminal conduct or personally benefited from his role in government.

The proceedings centred on allegations surrounding a state contract awarded to Strategic Mobilisation Ghana Limited (SML), a company engaged to enhance revenue collection from downstream petroleum operations.

The OSP had submitted a more than 200-page affidavit together with over 70 criminal charges, accusing Ofori-Atta of corruption and other offences linked to the contract.

After reviewing the documents, Judge Gardey ruled that the affidavit lacked persuasive evidence capable of establishing criminal liability.

The court held that the material presented consisted largely of broad allegations unsupported by credible facts and found no convincing proof that Ofori-Atta either committed an offence or profited personally from decisions taken during his tenure as Finance Minister.

Judge Gardey also accepted Ofori-Atta's testimony, describing it as credible after he denied receiving any financial benefit or inducement connected to the SML transaction.

In reaching his decision, the judge also referred to the earlier decision by Interpol's Commission for the Control of Files (CCF) to cancel the Red Notice issued against Ofori-Atta. The Commission had reportedly determined in February 2026 that the request was predominantly political.

The court further took into account findings from a KPMG review commissioned by the Government of Ghana, which identified procedural shortcomings in the SML transaction but found no evidence of criminal conduct involving the former Finance Minister or officials under his supervision.

Judge Gardey additionally observed that no extradition request had been filed by U.S. authorities despite the criminal charges pending in Ghana, describing the absence of such action as consistent with the court's assessment of the evidence.

During the hearing, Ofori-Atta's legal team argued that the prosecution was politically motivated and questioned the constitutional authority of the OSP to independently prosecute criminal cases, an issue currently before Ghana's Supreme Court.

The Department of Homeland Security, however, maintained that the constitutional questions surrounding the OSP did not affect the substance of the allegations and urged the court to reject Ofori-Atta's application.

After considering the evidence, the court concluded that Ofori-Atta had not been credibly shown to have participated in any criminal activity.

Judge Gardey subsequently approved his application for adjustment of immigration status, citing several positive factors, including his long-standing ties to the United States, previous professional career, family connections and ongoing cancer treatment.

The judge noted that those considerations outweighed any adverse factors raised during the proceedings and informed Ofori-Atta that he had successfully established his eligibility for the immigration relief sought.

The ruling is contained in the official transcript of proceedings from the June 15, 2026 hearing at the Annandale Immigration Court.