Former Finance Minister Ken Ofori-Atta has secured a significant legal victory in the United States after an immigration court approved his application to adjust his immigration status, paving the way for him to obtain lawful permanent residency.
The decision was delivered on Monday during proceedings in which the court considered Mr Ofori-Atta’s I-485 petition, a key step 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.
The judge reportedly raised concerns about some of the circumstances linked to the actions taken by Ghana’s Office of the Special Prosecutor (OSP). During the hearing, attention was drawn to the OSP’s earlier declaration of Mr Ofori-Atta as a fugitive from justice.
The court reportedly heard that the 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 engaging with investigators in Ghana.
Evidence was also presented by a witness familiar with international policing and Interpol procedures, who reportedly questioned aspects of the process adopted by the Ghanaian authorities in pursuing the case.
Mr Ofori-Atta remains the subject of multiple criminal charges in Ghana arising from decisions taken during his tenure as Finance Minister.
While the ruling does not affect the criminal proceedings pending in Ghana, legal observers believe it could influence future attempts by Ghanaian authorities to secure Mr Ofori-Atta’s return to face the charges.
The substantive criminal matters against the former minister remain under the jurisdiction of Ghana’s courts and are expected to proceed in accordance with Ghanaian law.
The former Finance Minister is facing multiple allegations linked to financial irregularities, including claims that a contract awarded to Strategic Mobilisation Limited resulted in a loss of over GH¢1.4 billion to the state.
He is also under investigation by the Office of the Special Prosecutor (OSP), which in June 2025 initiated steps for an INTERPOL Red Notice after he reportedly failed to respond to several invitations for questioning. The notice was later deleted by INTERPOL.