Former Finance Minister Ken Ofori-Atta has won a legal decision in the United States that could strengthen his efforts to remain in the country while he faces criminal investigations in Ghana.
A U.S. immigration court approved his application to adjust his immigration status, allowing him to continue the process of obtaining lawful permanent residency (a Green Card). The ruling was delivered on Monday after the court reviewed his I-485 petition, a key step toward securing permanent resident status.
According to his lawyer, Frank Davies, the court considered the criminal investigations and charges currently pending against Mr Ofori-Atta in Ghana before reaching its decision.
During the proceedings, the judge reportedly questioned some of the actions taken by Ghana’s Office of the Special Prosecutor (OSP), particularly its previous decision to declare the former minister a fugitive from justice. The court heard that this declaration was made while Mr Ofori-Atta was receiving medical treatment in the United States and while his lawyers were still communicating with Ghanaian investigators.
A witness with expertise in international policing and INTERPOL procedures also reportedly raised concerns about aspects of the process used by Ghanaian authorities in pursuing the case.
The judgment does not clear Mr Ofori-Atta of any allegations, nor does it dismiss the criminal charges he faces in Ghana. The U.S. immigration court was not determining his guilt or innocence. Rather, the court’s decision means that, based on the information presented, the pending investigations and charges were not considered sufficient grounds to deny his immigration application.
Legal analysts say the ruling could complicate future attempts by Ghanaian authorities to secure his return to Ghana, although any extradition or repatriation efforts would be subject to separate legal processes.
Mr Ofori-Atta remains the subject of multiple criminal investigations and charges in Ghana, including allegations that a contract awarded to Strategic Mobilisation Limited caused a loss of more than GH¢1.4 billion to the state.
He is also being investigated by the Office of the Special Prosecutor, which in June 2025 sought an INTERPOL Red Notice after he allegedly failed to honour several invitations for questioning. The notice was subsequently removed by INTERPOL.
The criminal cases against the former Finance Minister remain before Ghanaian authorities and will continue to be determined under Ghanaian law.
