The Office of the Special Prosecutor (OSP) has said former Finance Minister Ken Ofori-Atta is still a fugitive from justice in Ghana.
According to the OSP, there is a valid warrant by the High Court for the arrest of Ken Ofori-Atta.
The OSP statement follows a US Immigration Judge David Gardey ruling that the OSP failed to present credible evidence linking Ken Ofori-Atta to any criminal wrongdoing.
Judge Gardey disclosed that the OSP submitted a 200-page affidavit which included more than 70 criminal counts against Mr Ofori-Atta, but found the evidence presented did not persuasively demonstrate that he committed wrongdoing as Finance Minister.
The US immigration judge made this known, explaining his decision to approve Mr Ofori-Atta’s permanent residency application.
According to the US Immigration Judge said, the OSP’s affidavit was “full of conclusory allegations” and did not provide “credible or reliable facts” showing that the former minister engaged in criminal conduct.
Reports suggest the judge’s comments were contained in his June 15, 2026 ruling, providing the court’s reasoning for why it found Ghana’s embattled Ken Ofori-Atta is deserving of immigration relief despite the corruption-related charges brought against him in Ghana.
The Judge is quoted as having said, “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”.
The Judge disclosed that while the allegations from Ghana described serious claims of corruption, the OSP had not provided sufficient evidence to support those claims.
Judge Gardey further revealed that Ofori-Atta had testified credibly and denied receiving anything of value from companies or individuals involved in the investigations, or benefiting personally from decisions he made while serving as a government official.
Reacting to the development, the OSP in a Public notice stressed that the credibility or otherwise of the criminal charges against Mr Ofori-Atta is a matter for determination by the courts in Ghana, which have jurisdiction to determine his guilt or innocence.
They added that such matters are not determined by an immigration court in the United States.
The OSP also disclosed once again that they are not involved in Ken Ofori-Atta’s immigration hearings in the United States.
In a Public notice issued by the Office of the Special Prosecutor read, “The Office of the Special Prosecutor (OSP) has taken note of a Transcript of Hearing purportedly emanating from an Immigration Court in the United States involving Mr. Kenneth Nana Yaw Ofori-Atta, which is being circulated by some media houses, suggesting that Mr. Ofori-Atta has not been credibly charged in Ghana or credibly shown to have engaged in any wrongdoing in Ghana.
The OSP stated on 16 June 2026 that it is not involved in immigration hearings in the United States involving Mr. Ofori-Atta, and that the OSP’s involvement relates to extradition proceedings against Mr. Ofori-Atta through the Attorney-General, as the central authority.
The OSP reiterates that the extradition packet is not before the immigration court. The credibility or otherwise of the criminal charges against Mr. Ofori-Atta is a matter for determination by the courts in Ghana, which have jurisdiction to determine his guilt or innocence. Such matters are not determined by an immigration court in the United States.
The OSP states that it is important to distinguish between three separate legal proceedings involving Mr. Ofori-Atta:
i. United States immigration proceedings, which concern Mr. Ofori-Atta’s immigration status in the United States.
ii. Extradition proceedings in the United States, which would determine whether Mr. Ofori-Atta should be surrendered to Ghana under the relevant extradition treaty.
iii. The criminal prosecution of Mr Ofori-Atta in Ghana for corruption and corruption-related offences before the High Court, Accra.
The OSP reiterates that Mr. Ofori-Atta remains the subject of criminal proceedings in Ghana, which are before the High Court, Accra. A valid warrant of arrest has been issued by the High Court, Accra, and Mr. Ofori-Atta remains a fugitive from justice in Ghana. He is required to submit himself to the jurisdiction of the High Court, Accra, to answer the criminal charges pending against him.
The criminal proceedings in Ghana shall continue in accordance with applicable law and the directives of the High Court, Accra, whether or not Mr. Ofori-Atta is present in Ghana.
Mr. Ofori-Atta remains the subject of criminal proceedings in Ghana, and there exists a valid warrant of arrest issued by the High Court, Accra. Mr. Ofori-Atta remains a fugitive from justice in Ghana, and he is required to submit himself before the High Court in Ghana to answer the criminal charges against him”.
See the post below:
Public Notice
— Office of the Special Prosecutor-Ghana (@ospghana) July 21, 2026
The Office of the Special Prosecutor (OSP) has taken note of a Transcript of Hearing purportedly emanating from an Immigration Court in the United States involving Mr. Kenneth Nana Yaw Ofori-Atta, which is being circulated by some media houses, suggesting that Mr.… pic.twitter.com/0i66ubwuAj
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