US Immigration Court grants Ken Ofori-Atta permanent residency despite Ghana criminal charges

Former Finance Minister 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.

According to his lawyer, Frank Davies, 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.

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.