A High Court in Adentan has delivered a strong rebuke to the Economic and Organised Crime Office (EOCO), ruling that the agency acted outside its legal mandate in freezing the accounts of Sesi-Edem Company Limited.
Presided over by Justice Richard Apietu, the Court revoked an earlier confirmation order that had validated EOCO’s directive to freeze the company’s bank account, describing the action as unjustified and procedurally flawed.
The ruling effectively restores full access to the company’s funds, bringing relief to its owner, Gabriel Tanko Kwamigah-Atokple, who had challenged the legality of the move.
Central to the Court’s decision was the finding that the dispute in question was contractual—not criminal. Justice Apietu held that allegations of non-delivery or failure to refund funds could not be classified as fraud since the agreement between the parties remained valid until June 2026.
He stressed that such matters fall under civil litigation and should not trigger criminal investigations or enforcement actions by EOCO.
The Court further criticised EOCO for procedural lapses, including reliance on an earlier freezing directive that contained errors and had already been withdrawn. It also faulted the agency for failing to fully disclose key facts when seeking judicial approval for the account freeze.
In addition, the Court determined that no evidence of fraud or money laundering had been established, noting that the company had operated within the legal framework governing gold trading at the time the contract was executed.
Justice Apietu concluded that EOCO’s actions violated principles of fairness and exceeded its statutory authority under the law, describing the move as inconsistent with Article 23 of Ghana’s 1992 Constitution, which demands administrative justice.
The decision is expected to raise broader questions about the scope of EOCO’s powers and the boundaries between civil disputes and criminal enforcement in Ghana’s regulatory environment.
