Former Finance Minister Ken Ofori-Atta has scored a major legal victory in the United States, securing lawful permanent residency in a ruling that could derail Ghana’s efforts to bring him back to face prosecution for multiple financial crimes.
The US Immigration Court granted Mr Ofori-Atta’s I-485 petition on Monday, June 15, effectively approving his application for a Green Card and shielding him from immediate deportation proceedings.
The decision comes as a significant blow to the Office of the Special Prosecutor (OSP), which had declared the former minister a fugitive and pursued an INTERPOL Red Notice against him over allegations of financial malfeasance.
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According to Mr Ofori-Atta’s lawyer, Frank Davies, the immigration court carefully scrutinised the criminal investigations and charges pending against his client in Ghana, including the controversial fugitive declaration.
The court heard compelling testimony that the OSP’s fugitive designation was issued while Mr Ofori-Atta was legitimately receiving medical treatment in the United States.
Crucially, his legal team was still actively engaging with Ghanaian investigators at the time the declaration was made.
A witness with expertise in international policing and INTERPOL procedures reportedly questioned the propriety of the process adopted by Ghanaian authorities, casting doubt on the legitimacy of the pursuit.
The former Finance Minister faces a raft of criminal allegations in Ghana, with the most serious being a contract awarded to Strategic Mobilisation Limited that allegedly cost the state over GH¢1.4 billion (approximately $91 million) in financial losses.
The OSP had initiated steps for an INTERPOL Red Notice in June 2025 after Mr Ofori-Atta reportedly failed to respond to multiple invitations for questioning. However, the notice was later deleted by INTERPOL, dealing a further setback to the prosecution’s efforts.
Legal experts suggest the Green Card approval could significantly complicate any attempt by Ghanaian authorities to secure Mr Ofori-Atta’s extradition or forced return to face trial.
The ruling effectively provides the former minister with protected status in the United States, making it considerably more difficult for Ghana to compel his presence in court.