A United States immigration judge, David Gardey, has raised concerns about the strength of the corruption allegations brought against former Finance Minister Ken Ofori-Atta by Ghana’s Office of the Special Prosecutor (OSP), describing the claims as unsupported by credible evidence of criminal conduct.

The judge made the remarks in his June 15, 2026 ruling approving Mr. Ofori-Atta’s application for permanent residency in the United States.

According to Judge Gardey, the affidavit submitted by the OSP contained “conclusory allegations” but failed to provide sufficient factual evidence demonstrating that the former minister engaged in criminal activities.

The ruling outlined the reasons the court determined that Mr. Ofori-Atta qualified for immigration relief despite the corruption-related accusations against him in Ghana.

Judge Gardey said he reviewed the OSP’s case, which includes more than 70 criminal charges against Mr. Ofori-Atta, but concluded that the evidence presented did not convincingly establish that he committed any wrongdoing while serving as Finance Minister or personally gained from his official position.

He stated that the absence of persuasive evidence of criminal wrongdoing or conspiracy involving Mr. Ofori-Atta in the OSP’s affidavit was a significant factor in the court’s decision.

The judge acknowledged that the allegations from Ghana involved serious claims, including alleged corruption, conspiracy, and misuse of public funds, but said the prosecution had not provided enough evidence to substantiate those accusations.

Mr. Ofori-Atta, in his testimony before the court, denied receiving any improper benefits from individuals or companies linked to the investigations and rejected claims that he personally profited from decisions taken during his tenure.

Judge Gardey explained that his decision was based on a broader assessment of whether Mr. Ofori-Atta’s favourable circumstances outweighed immigration concerns, including his previous overstay of a US visa.

Among the factors considered were Mr. Ofori-Atta’s long association with the United States, his education and professional background there, having a US citizen son, his clean criminal record in the country, and his need for medical treatment in the US.

The judge also referenced the withdrawal of an Interpol Red Notice connected to Ghana’s allegations, a KPMG review which identified administrative shortcomings but did not establish criminal wrongdoing by Mr. Ofori-Atta or his associates, as well as the decision by the US Department of Justice not to pursue extradition proceedings based on Ghana’s request.

Judge Gardey concluded that these factors weighed in favour of Mr. Ofori-Atta and that the allegations presented by the OSP were not strong enough to override the positive considerations in his immigration application.