The US court finds the criminal charges in Ghana as not credible - Lawyers of Ofori-Atta

Lawyers of Former Finance Minister Ken Ofori-Atta have said that the United States court has found that the criminal charges against Mr Ofori-Atta are not credible.

Ken Ofori-Atta has secured a legal victory in the United States after an immigration court approved his application for lawful permanent residency, in a development that could complicate efforts by Ghana to secure his return to face multiple criminal charges.

The decision was delivered on Monday, June 15, during proceedings in which the court considered Mr Ofori-Atta's I-485 petition  the key application form in the process of acquiring permanent resident status in the United States.

In a statement, his lawyers said that "Ken Ofori-Atta's Green card 1-485 petition has been granted by US Immigration Court. The court heard evidence relating to actions taken by Ghana's Office of the Special Prosecutor, including the OSP's earlier decision to declare Mr Ofori-Atta a fugitive from justice at a time when he was reportedly undergoing medical treatment in the United States and while his lawyers remained in communication with investigators in Ghana.

"The Court finds the criminal charges in Ghana not credible. . The court's decision was focused on whether Mr Ofori-Atta met the legal requirements for adjustment of status."

One of his lawyers, Frank Davies, also said that the court examined issues surrounding the criminal investigations and charges currently facing the former minister in Ghana, including the earlier declaration of Mr Ofori-Atta as a fugitive from justice by the Office of the Special Prosecutor (OSP).

The court heard that the fugitive declaration was made while the former minister was receiving medical treatment in the United States and at a time when his legal representatives were still actively engaging with investigators in Ghana. A witness familiar with international policing and INTERPOL procedures also testified, reportedly questioning aspects of the process adopted by Ghanaian authorities in pursuing the case.

Ken Ofori-Atta’s Green card petition has been granted by US Immigration Court. -Justice Kusi Minka-Premo

Ken Ofori-Atta’s Green card petition has been granted by US Immigration Court. -Justice Kusi Minka-Premo

Mr Ofori-Atta faces multiple criminal allegations in Ghana linked to financial irregularities, including claims that a contract awarded to Strategic Mobilisation Limited resulted in a loss of over GH¢1.4 billion (approx. $91 million) to the state.

The OSP initiated steps for an INTERPOL Red Notice in June 2025 after he reportedly failed to respond to several invitations for questioning, though the notice was later deleted by INTERPOL.