A high-stakes crisis is brewing within the government as Dr. Gabriel Tanko Kwamigah-Atokple, a Member of the Council of State, has petitioned President Mahama for the immediate removal of Raymond Archer, the Acting Director of the Economic and Organised Crime Office (EOCO).
The petition, among other grounds, indicts the EOCO Chief on grounds of contempt of court, abuse of office for personal vendetta, and operating the agency beyond its legal mandate.
Beyond the petition for the removal of Mr. Archer, Dr. Kwamigah-Atokple has threatened legal action against him and issued an ultimatum for a formal apology regarding a “wanted” notice he claims was issued by Mr. Archer out of malice and an appetite for “public theatrics.”
Judicial Rebuke of EOCO
The confrontation follows a recent High Court ruling which confirmed that EOCO overstepped its bounds by freezing the accounts of Sesi-Edem Ltd, a company owned by Dr. Kwamigah-Atokple. The Court ordered EOCO to defreeze the accounts, noting in the ruling that Mr. Archer’s Office had failed to treat Dr. Kwamigah-Atokple fairly.
Significantly, the Court dismissed EOCO’s allegations of money laundering, fraud, and trading gold without a license all raised against Dr. Kwamigah-Atokple.
Despite this judicial clearance by the High Court on March 19, EOCO, on March 30, issued a public notice, declaring Dr. Kwamigah-Atokple “wanted” in connection with an investigation into alleged fraud and money laundering involving tens of millions of cedis.
EOCO, in a news release to the public, maintains that the case originated from a 2025 petition by J.G. Resources Ltd and Unigold Trading LLC, who accused Sesi-Edem Ltd of failing to deliver 50 kilograms of gold—valued at GH¢57.7 million—after receiving payment.
“Disregard for the Judiciary”
In a swift response, Dr. Kwamigah-Atokple has accused Mr. Archer of “reckless” disregard for the rule of law. He pointed to the March 19 High Court ruling which characterized the issue as a commercial dispute rather than a criminal matter.
“Mr. Archer’s claim that EOCO still has the mandate to investigate, despite the Court’s determination, betrays a lack of respect for the judicial process,” Dr. Kwamigah-Atokple stated. He added: “EOCO must obey the courts and stop using the media to settle scores after losing in the courtroom.”
The Court’s Findings
Presiding Judge, Justice Richard Apietu, was emphatic in his ruling regarding the money laundering and fraud charges that since the transaction between Sesi-Edem Ltd and J.G. Resources was a legitimate contract conducted under Gold Board licensing directives, there was no “predicate offence” to justify a money laundering charge. “The Respondent has failed to establish any suspicion of money laundering… there is no basis to freeze his accounts,” the ruling stated.
The Judge explained: ““It is trite law that a person should only be investigated for money laundering if the alleged person has committed a predicate offence and converts, conceals, disguises or transfers the property for the purpose of concealing or disguising the illicit origin of the property or assists any person who is involved in the commission of the predicate offence. The transaction between the Applicant and JG Resources is purely a contract between two parties which must be respected. More so, the Applicant entered into this contract in compliance with the GoldBod licensing re-registration directive.
“Therefore, a claim that the monies was fraudulently obtained under this contract is untenable. Consequently, there could not have been any money laundering since these monies were not sourced from a fraudulent transaction.”
Fraud Dismissed
On the allegation of Fraud, Justice Apietu noted that the contract in question does not expire until June 2026. Therefore, the non-delivery of gold at this stage cannot constitute fraud. Even if the deadline passed, the Court ruled it would remain a “civil breach of contract” and not a criminal matter falling under EOCO’s mandate.
“I have noted that the date of performance of the said contract has not lapsed, the contract is to be performed on or before June 2026. In view of that, the non-delivery nor refund of the monies does not constitute fraud. In any case, the non-delivery will not even constitute fraud but a breach of contract, which is a civil matter for the parties to sue in Civil Court. It is therefore my considered opinion that this does not fall under the mandate of EOCO as provided under Section 3 of Act 804”, Justice Apietu ruled.
A Dilemma for the Presidency
The escalating feud places President John Mahama in a precarious position. He is now caught between a high-ranking advisor armed with a favorable court judgment and his hand-picked anti-corruption chief who continues to pursue criminal charges in the face of judicial opposition.
Demanding a full retraction, Dr. Kwamigah-Atokple warned: “Restraint is not weakness. I will take all lawful steps necessary to protect my name.”
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