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 Ken Ofori-Atta to any criminal wrongdoing, handing the former minister a significant legal victory in his bid to obtain permanent residency in the United States.
The decision was delivered by Immigration Judge David Gardey at the Annandale Immigration Court in Virginia during proceedings on Ofori-Atta’s application for adjustment of status.
The United States Department of Homeland Security had opposed the application, relying on criminal charges filed against the former Finance Minister in Ghana. The department argued that the allegations should weigh against granting him permanent residency.
However, after reviewing the evidence before the court, Judge Gardey concluded that the material presented did not establish that Ofori-Atta personally benefited from his position as a public official or participated in any criminal conspiracy.
In his ruling, the judge also criticized the affidavit submitted by Ghana’s Office of the Special Prosecutor, describing it as containing “conclusory allegations” that were not backed by sufficient factual evidence to support claims of criminal conduct.
“The court finds that the affidavit is lacking in any persuasive proof or evidence that the respondent has engaged in any criminal wrongdoing as alleged,” Judge Gardey stated.
The court further stressed that the absence of persuasive evidence was a key factor in its assessment, noting that the former Finance Minister had not been credibly shown to have committed any offence in Ghana.
The ruling marks a notable development in the legal matters involving Ofori-Atta, whose application for permanent residency became the subject of scrutiny after US authorities cited the criminal allegations filed against him by Ghanaian prosecutors.
Judge Gardey’s decision ultimately found that the evidence presented by the Department of Homeland Security, based on the OSP’s allegations, fell short of establishing criminal wrongdoing by the former minister.
