Case Explained: Apologise or face legal action – Legal Perspective

The Volta Regional representative on the Council of State, Gabriel T.K.A Kwamigah-Atokple has demanded that the Acting Executive Director of the Economic and Organised Crime Office (EOCO), Raymond Archer, issue an immediate public apology or face legal action.

The demand follows EOCO’s declaration that Dr Kwamigah-Atokple, owner of Sesi-Edem Company Limited, is a person of interest in an ongoing investigation into alleged fraud and money laundering involving tens of millions of cedis.

In a statement dated March 30, EOCO said the case stems from a petition filed in November 2025 by J.G Resources Ltd and Unigold Trading LLC, alleging that the company defrauded them under the pretext of supplying gold valued at GH¢57.7 million.

EOCO said it is investigating the company for alleged offences, including defrauding by false pretences and money laundering under various laws, including the Economic and Organised Crime Act, the Criminal Offences Act, and the Anti-Money Laundering Act.

The agency added that it invited Dr Kwamigah-Atokple in November 2025 to assist with investigations, but he failed to honour the invitation.

However, in a strongly worded response, Dr Kwamigah-Atokple said the matter had already been determined by the High Court in Adentan on March 19, 2026.

According to him, the court ruled that EOCO acted without lawful mandate and in violation of constitutional principles of fairness, and ordered the immediate defreezing of the company’s accounts. He said the court further held that the matter was civil in nature and not a criminal case.

Despite the ruling, he accused EOCO of defying the court by continuing its investigation and publicly challenging the judgment.

He also alleged that Mr Archer resorted to the media by declaring him a wanted person without due process.

He warned that he would pursue legal action if EOCO fails to apologise and withdraw its statement.

“Mr Archer’s contemptuous claim that EOCO still has the mandate to investigate, despite the court’s determination otherwise, betrays a lack of understanding and respect for the law and the judicial process.

“EOCO must obey the decision of the courts and finally put a stop to the use of the media to settle scores after losing in court. Let it be understood that restraint is not weakness.

He added, “I will take all lawful steps necessary to protect my name, my business and the integrity of the court’s authority if, within the next 12 hours, Mr Archer and his office fail to issue a full public apology and withdraw the contemptuous release. I stand firmly on the side of the law, and I expect every public institution to do the same.”

Dr Kwamigah-Atokple maintained that the dispute stems from a commercial gold supply agreement between his company and J.G Resources Ltd, insisting that a significant portion of the contracted gold had already been delivered and that the transaction was legitimate.

He also rejected claims that the deal was unlicensed, stating that the company held all the required approvals.

In a related development, he has petitioned John Dramani Mahama to dismiss Mr Archer and his deputy over what he describes as abuse of office and disregard for judicial authority.

He argued that EOCO’s actions risk undermining public confidence in state institutions and the justice system.