• A US immigration judge ruled that the OSP failed to present sufficiently persuasive evidence to establish criminal wrongdoing against former Finance Minister Ken Ofori-Atta.

• The court approved Ofori-Atta’s application for adjustment of immigration status after considering his long-standing ties to the United States, ongoing cancer treatment and family circumstances.

• The OSP has maintained that the US immigration ruling does not affect the criminal proceedings and extradition efforts against Ofori-Atta in Ghana, insisting those matters remain subject to Ghanaian courts.

A United States immigration judge has ruled that Ghana’s Office of the Special Prosecutor (OSP) did not present sufficient evidence to establish that former Finance Minister Kenneth Ofori-Atta committed criminal wrongdoing during his time in office, paving the way for the approval of his application to adjust his immigration status in the United States.

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According to the ruling by Judge David Gardey, the court reviewed the OSP’s case, including more than 70 criminal allegations against the former minister, but found that the evidence presented did not convincingly demonstrate that Mr Ofori-Atta engaged in misconduct while serving as Finance Minister or personally benefited from his public office.

The judge made the observations while granting Mr Ofori-Atta’s application for adjustment of immigration status, known as an I-485 petition, which allows eligible applicants to seek lawful permanent residence in the United States.

In reaching the decision, the court also considered Mr Ofori-Atta’s longstanding connections to the United States, noting that he spent several decades studying and working there, including at global investment firms Morgan Stanley and Salomon Brothers.

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The judge further took into account the former finance minister’s ongoing cancer treatment and the fact that he has a son who is a United States citizen before approving his request.

Mr Ofori-Atta has been facing corruption and corruption-related charges brought by Ghana’s Office of the Special Prosecutor. His legal team earlier announced that the immigration court had approved his application for adjustment of status after considering evidence relating to the OSP’s actions against him.

However, the Office of the Special Prosecutor has maintained that the US immigration proceedings have no bearing on the criminal case pending against the former minister in Ghana.

In a statement issued on June 16, after news of the immigration ruling emerged, the OSP stressed that it was not a party to the US immigration proceedings and played no role in the conduct or outcome of the hearings.

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The office further explained that its involvement is limited to extradition proceedings being pursued through Ghana’s Attorney-General and said Mr Ofori-Atta remains a Ghanaian citizen who is still liable to extradition should a US extradition court approve Ghana’s request.