Judge David Gardey, of the US Annandale Immigration Court, who granted Ghana’s former Finance Minister, Ken Ofori-Atta, permanent residency, has said he has gone through a difficult period of time when he was detained based on criminal charges.
According to the US Judge, Ken Ofori-Atta’s health suffered when he was detained based on criminal charges in Ghana.
In a post by TV3, Judge David Gardey stated, “I know that you’ve been through a difficult period of time, that you were detained based on these criminal charges. Your health suffered as a result. You have had your day in court, and you have established that you are entitled to adjustment of status”.
Also, David Gardey, according to reports, 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.
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, provide 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.
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 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.
According to reports, the Judge based his decision on Ofori-Atta’s long-standing ties to the United States, which included his education and professional career, his US citizen son, his lack of a criminal record in the country, and his medical treatment in the United States.
Judge Gardey also highlighted the removal of an Interpol Red Notice linked to Ghana’s charges, a review by KPMG that found administrative weaknesses but no criminal wrongdoing by Ken Ofori-Atta.
Also, the fact that the US Department of Justice had not pursued an extradition case based on Ghana’s request.
The development comes on the heels of President John Mahama urging Ghana’s embattled former Finance Minister Ken Ofori-Atta to return to Ghana as the government pursues legal processes to secure his extradition.
Mahama recalled that Ken Ofori-Atta once described himself as a father responsible for his children.
Speaking during the Reset Tour and Citizens’ Engagement in the Volta Region on Friday, July 17, Mahama stated, “You held the most sensitive position as finance minister and at the point when your own members of parliament, 80 of them signed an application that the president should remove you, you said something historic, you said you are like the father of children and that you can’t run away and leave your children”.
President Mahama added: “So if we Ghanaians are your children, we are calling you, we are begging you, father come back, your children are calling you to come back.”
“If you are a man of principle and you believe you have done nothing wrong, I don’t see why you should flee your own country,” he said.
President Mahama also spoke about the extradition process, which he says must follow the law and respect the rights of the person involved, adding that because the extradition involves another jurisdiction, the process requires the submission of a formal request and a determination by a court in the country where the individual is located.
“Extradition or return of fugitives from justice, it’s a legal process and so you need to respect the rights of the person at the same time,” he said.
“The Attorney General’s Department has done its best; it filed the application, there are some additional documents that were asked for that it is filing, and eventually it will all go before an American judge to make a decision,” he said.
See the post below:
"I know that you've been through a difficult period of time, that you were detained based on these criminal charges. Your health suffered as a result. You have had your day in court, and you have established that you are entitled to adjustment of status."
— #TV3GH (@tv3_ghana) July 21, 2026
– Judge David Gardey,… pic.twitter.com/N4ro1f6A1m
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