The Office of the Special Prosecutor (OSP) has announced the resumption of criminal proceedings against former Finance Minister Ken Ofori-Atta and other accused persons following the Supreme Court’s decision on the constitutional mandate of the anti-corruption body.
Trials involving cases prosecuted by the OSP had been suspended since April 2026 after a High Court ruling raised questions over the Office’s authority to independently prosecute criminal cases.
The OSP said proceedings have now resumed following the Supreme Court’s determination of the constitutional issue, with fresh dates scheduled for the affected cases.
The development revives the prosecution of Mr Ofori-Atta, who is facing corruption-related charges in Ghana arising from investigations into contracts involving Strategic Mobilisation Ghana Limited (SML).
The OSP has maintained that the former Finance Minister remains wanted in Ghana and is required to appear before the High Court in Accra to answer the charges against him.
US Immigration Court Ruling
The resumption comes against the backdrop of a June 15, 2026 ruling by a United States immigration judge who found that evidence presented in proceedings before him did not persuasively establish that Mr Ofori-Atta had engaged in criminal wrongdoing.
Immigration Judge David Gardey made the finding at the Annandale Immigration Court during proceedings concerning Mr Ofori-Atta’s application for adjustment of status.
The U.S. Department of Homeland Security had relied partly on the criminal allegations pending against the former Finance Minister in Ghana in arguing against granting him relief.
The immigration judge, however, was not persuaded by the material presented to the court, including an affidavit from the OSP and the charges filed in Ghana.
“The court carefully reviewed the Office of the Special Prosecutor’s affidavit and the court finds that the affidavit is lacking in any persuasive proof or evidence that the respondent… has engaged in any criminal wrongdoing as alleged,” the judge said, according to the certified transcript of the proceedings obtained by 3News.
The judge further described portions of the OSP affidavit as containing “conclusory allegations” without sufficient credible or reliable facts demonstrating criminal wrongdoing by Mr Ofori-Atta.
Mr Ofori-Atta denied receiving anything of value from entities connected to the investigations or personally benefiting from decisions he took while serving as Finance Minister.
The court ultimately granted his request for adjustment of status after considering the evidence and other factors presented during the proceedings.
Interpol Red Notice Deletion
The U.S. proceedings also considered the earlier deletion of an Interpol Red Notice concerning Mr Ofori-Atta.
Interpol’s Commission for the Control of Files deleted the notice in February 2026 after reviewing the circumstances surrounding it.
The immigration judge also considered testimony from an Interpol expert as part of the evidence before reaching his decision.
Reference was additionally made to a KPMG review commissioned by the Government of Ghana, which the U.S. court said identified inefficiencies and areas where better practices could have been adopted but did not establish criminal wrongdoing by Mr Ofori-Atta or his staff.
OSP Rejects Comparison With Ghana Case
The OSP has, however, rejected attempts to treat the U.S. immigration proceedings as a determination of the criminal charges pending against Mr Ofori-Atta in Ghana.
Responding to reports about the U.S. decision in July, the anti-corruption body stressed that immigration proceedings, extradition proceedings and the substantive criminal trial in Ghana are separate legal processes.
According to the OSP, it was not a party to Mr Ofori-Atta’s immigration proceedings in the United States and the extradition request submitted by Ghana was not before the U.S. Immigration Court.
The Office maintained that questions concerning the credibility and merits of the criminal charges filed against the former Finance Minister can ultimately be determined by the Ghanaian courts exercising jurisdiction over the case.
It identified three distinct proceedings involving Mr Ofori-Atta: his U.S. immigration case concerning his status in that country; extradition proceedings concerning Ghana’s attempt to secure his return; and the substantive criminal case pending before the High Court in Accra.
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The OSP further maintained that a valid arrest warrant remains in force against Mr Ofori-Atta.
“Mr. Ofori-Atta remains a fugitive from justice in Ghana, and he is required to submit himself before the High Court in Ghana to answer the criminal charges against him,” the Office said.
With the broader legal question over the OSP’s prosecutorial mandate now addressed by the Supreme Court, the Office says its suspended cases are returning to court under newly scheduled dates.
The development sets the stage for renewed legal proceedings in Ghana, where the evidence underpinning the charges against Mr Ofori-Atta and the other accused persons will be tested before the courts.
