A US immigration judge has cast doubt on the corruption case Ghana's Office of the Special Prosecutor (OSP) built against former Finance Minister Ken Ofori-Atta, ruling that the allegations lacked credible evidence of criminal conduct.

In a June 15, 2026 decision granting Ofori-Atta permanent residency, Judge David Gardey described the OSP's affidavit as "full of conclusory allegations," saying it failed to present "credible or reliable facts" of wrongdoing.

The OSP's case includes more than 70 criminal counts against Ofori-Atta. But Judge Gardey said the evidence did not show he had committed wrongdoing as finance minister or personally benefited from his office.

"The lack of any persuasive evidence indicating any kind of criminal wrongdoing or criminal conspiracy involving the respondent in the OSP's affidavit is powerful evidence," he said.

The court acknowledged that Ghana's allegations included claims of conspiracy and misuse of public funds, but found the OSP had not backed these up with sufficient proof. Ofori-Atta, for his part, testified that he never received anything of value from companies or individuals under investigation, nor benefited personally from decisions made while in office — testimony the judge found credible.

Several other factors weighed in Ofori-Atta's favor:

- His long-standing ties to the US, including his education and career there

- His US citizen son

- No criminal record in the US

- Ongoing medical treatment in the country

- The removal of an Interpol Red Notice tied to Ghana's charges

- A KPMG review that identified administrative weaknesses but no criminal wrongdoing by Ofori-Atta or his staff

- The US Department of Justice's decision not to pursue extradition based on Ghana's request

Taken together, the judge concluded, these factors showed the allegations against Ofori-Atta were not strong enough to outweigh the positive considerations in his immigration case.