A United States immigration court has approved an application by Ghana’s former Finance Minister, Ken Ofori-Atta, to adjust his immigration status, clearing the way for him to obtain lawful permanent residency in the U.S.
The ruling, delivered on Monday during proceedings on Mr Ofori-Atta’s Form I-485 petition, marks a significant legal victory for the former official, who currently faces multiple criminal charges in his home country.
While the decision has no direct legal bearing on the pending criminal cases in Ghana, legal observers note it could complicate future attempts by Ghanaian authorities to secure his extradition.
Court Questions OSP’s “Fugitive” Declaration
According to Mr Ofori-Atta’s legal counsel, Frank Davies, the U.S. court thoroughly reviewed the ongoing criminal investigations in Ghana before granting the application.
During the hearing, the judge reportedly raised questions regarding the actions of Ghana’s Office of the Special Prosecutor (OSP).
Specifically, the court examined the OSP’s previous decision to declare the former minister a “fugitive from justice.”
Defence evidence presented to the court established that the OSP made this declaration while Mr Ofori-Atta was actively undergoing medical treatment in the United States, and while his Ghanaian legal team was still in communication with state investigators.
Furthermore, an expert witness on international policing testified that the procedural methods used by Ghanaian authorities to pursue the former minister deviated from standard international and INTERPOL protocols.
Ongoing Legal Troubles in Ghana
Despite the favourable U.S. ruling, Mr Ofori-Atta remains dynamic within the jurisdiction of Ghanaian courts, where he faces serious allegations of financial irregularities tied to his tenure as Finance Minister.
The Core Charges
The state alleges that a controversial contract awarded under his watch to Strategic Mobilisation Limited (SML) resulted in a financial loss to the state exceeding GH¢1.4 billion.
The dispute escalated in June 2025 when the OSP requested an INTERPOL Red Notice against Mr Ofori-Atta, citing a failure to honour multiple invitations for questioning.
That Red Notice was subsequently deleted by INTERPOL following challenges to its procedural validity.
The substantive criminal trials against the former minister are expected to proceed in Accra in accordance with Ghanaian law, though his new U.S. residency status adds a complex layer of international law to any future state efforts to compel his physical presence in court.