A US immigration judge has delivered a scathing rebuke to Ghana’s Office of the Special Prosecutor, throwing out a 200-page affidavit against former finance minister Ken Ofori-Atta and granting him a green card a ruling that lays bare the OSP’s evidentiary weaknesses.
The Annandale Immigration Court in Virginia did not merely reject Ghana’s attempt to block Ofori-Atta’s residency application. It systematically dismantled Special Prosecutor Kissi Agyebeng’s case, concluding that the sprawling document was “full of conclusory allegations” without “credible or reliable facts.”
“The court finds that the criminal charges brought against you by the Office of the Special Prosecutor in Ghana do not have any basis and are not credible,” the judge ruled. By contrast, Ofori-Atta “testified credibly” and presented significant evidence of non-involvement in wrongdoing.
The court’s most damaging observation: despite the affidavit’s length, it failed to establish personal criminal conduct by Ofori-Atta, the central figure in multiple corruption cases including the controversial GH¢1.43 billion SML deal.
“The OSP affidavit is full of conclusory allegations without any description of credible or reliable facts that would indicate any kind of criminal wrongdoing,” the judge stated.
Compounding the OSP’s embarrassment, the court noted Interpol’s decision in February 2026 to delete the red notice against Ofori-Atta, finding it “predominantly political”. This, the judge said, was “powerful evidence” that the charges were unsupported.
Worse still, the US Department of Justice had not filed an extradition complaint despite receiving Ghana’s request. “The court is not surprised,” the judge observed, citing the OSP affidavit’s lack of persuasive evidence and Interpol’s deletion.
The ruling lands as the OSP fights for its survival. Two NDC MPs Majority Leader Mahama Ayariga and Chief Whip Rockson-Nelson Dafeamekpor have tabled a bill to abolish the office, citing duplication and delays.
President Mahama intervened in April, urging withdrawal of the bill and calling the OSP a “vital cog” in anti-corruption efforts.
But the US court’s verdict has reignited questions about Agyebeng’s prosecutorial competence. The self-styled “Akoanoma” (lonely bird) has yet to secure a major conviction since taking office, despite substantial public funding and high-profile investigations.
The judge’s conclusion leaves little room for comfort: “The lack of any persuasive evidence indicating criminal wrongdoing or conspiracy involving the respondent in the OSP’s affidavit is powerful evidence. The respondent has not been credibly charged.”
For an institution already under political and public scrutiny, the US ruling is a body blow and a gift to those who argue that Ghana’s anti-corruption flagship has lost its way.