High Court Orders EOCO to Withdraw “Wanted” Notice Against Council of State Member Kwamigah-Atokple

The High Court in Adentan, Accra, has granted an interim injunction against the Economic and Organised Crime Office (EOCO), restraining its planned actions against businessman Dr. Gabriel Tanko Kwamigah-Atokple and the directors of Sesi-Edem Company Limited.

Presided over by Justice Frank Aboadwe Rockson, the court ordered EOCO, its officers, and all persons acting on its behalf to refrain from declaring or maintaining the directors of Sesi-Edem as “wanted persons” in connection with a transaction between the company and JG Resources Limited.

The court, further restrained the anti-graft agency from “inviting, detaining, arresting, or charging” the directors, or in any way interfering with their liberty and business operations.

The order follows EOCO’s media release dated March 30, 2026, in which it declared Mr Kwamigah-Atokple, also a member of the Council of State—a “fugitive” and a person of interest, indicating plans to arrest him.

The move sparked criticism in some quarters, with concerns raised over what was described as “institutional lawlessness.”

In its order, cited by THE ARCHIVES and dated April 14, the court directed that “the Respondent, its officers, agents, servants, representatives, and any person acting on its behalf be restrained from continuing or undertaking a purported investigation into the Applicant and its directors in respect of the transaction between Sesi-Edem Company Limited and JG Resources Limited.”

Lawyers for Sesi-Edem Company Limited, from Knightscild Chambers, in a press statement issued yesterday, April 15, explained that in November 2025, JG Resources Limited petitioned EOCO, claiming that only part of the gold it had contracted to purchase from the company had been delivered.

The petition, however, failed to disclose that the contractual deadline for delivery is June 2026.

Despite EOCO’s own admission of this deadline in court, it proceeded to exercise its powers in aid of JG Resources Limited under the guise of investigating allegations of defrauding by false pretences and money laundering, subsequently freezing the company’s accounts.

In view of EOCO’s admission regarding the June 2026 deadline, and considering the company’s licensing records from the Precious Minerals Marketing Company, the Ministry of Lands and Natural Resources, and the Ghana Gold Board, the High Court, in a ruling delivered on March 19, 2026, held that the facts disclosed no basis for allegations of fraud or money laundering.

The court accordingly ordered the defreezing of the company’s accounts and further held that EOCO had acted outside its statutory mandate and breached the company’s constitutional right to administrative justice.

For the avoidance of doubt, EOCO itself had earlier invoked the jurisdiction of the High Court, Adentan, in relation to the same transaction when it sought confirmation of its administrative freezing orders.

It was the same court which, upon hearing the parties, determined that EOCO lacked the statutory mandate to investigate the matter and accordingly revoked its earlier decision confirming the freezing orders.

Notwithstanding that ruling, EOCO issued a public media release on March 30, 2026, declaring the company’s directors as “wanted persons” and indicating its intention to proceed with investigations.

The present proceedings were therefore commenced to restrain those actions and to protect the rights of the company and its directors.

The High Court has now directed that EOCO must refrain from maintaining the “wanted” declaration and from taking any further steps in reliance on that position, pending the determination of the substantive application.

The order has been duly served on EOCO by the court’s bailiffs, placing its board and management fully on notice of its terms.

Immediate steps are expected to be taken to ensure strict compliance with the order and to direct all officers to act accordingly.

Sesi-Edem Company Limited has reiterated that neither the company nor its directors have engaged in any criminal conduct, maintaining that the transaction in question remains a contractual matter governed by agreed terms.

The company says it will continue to take all appropriate steps to protect its rights and ensure that the authority of the court is respected.