By Issah Olegor
OccupyGhana has raised serious concerns about the methods being used by Ghana’s economic and national security investigative agencies, warning that measures such as prolonged account freezes, extremely high bail conditions, travel restrictions and repeated reporting requirements could turn criminal investigations into punishment before suspects are charged or tried.
In a strongly worded statement issued on September 30, 2026, the pressure group called on the Economic and Organised Crime Office (EOCO), the Bureau of National Intelligence (BNI) and other investigative institutions exercising police powers to respect due process and operate strictly within the law. OccupyGhana said its concern was not about shielding anyone suspected of wrongdoing, but about ensuring that investigations are conducted in a manner consistent with constitutional protections.
The organisation said the issue had become particularly pressing following a series of cases involving the freezing of bank accounts, arrests, restrictions on movement and bail conditions imposed by investigative agencies.
According to OccupyGhana, the developments raise fundamental questions about the limits of investigative powers in a constitutional democracy. The group pointed specifically to the case of Sesi-Edem Company Limited, where the High Court in March 2026 reportedly found that EOCO had frozen the company’s accounts in connection with what the court regarded as a contractual dispute.
The court revoked the confirmation of the freezing order, ordered the accounts unfrozen and held that EOCO had acted outside its mandate after failing to establish fraud or money laundering. Eleven days after the court’s decision, EOCO declared the company’s directors wanted, but the High Court subsequently restrained the agency from maintaining the declaration or interfering with their liberties pending determination of the substantive case.
OccupyGhana also cited the case of former National Food Buffer Stock Company (NAFCO) Chief Executive, Hanan Abdul-Wahab Aludiba, as another example requiring scrutiny. The organisation said Aludiba had previously been held for more than two weeks under a GH¢60 million bail condition.
After the Attorney-General withdrew charges against him in May 2026, he was subsequently re-arrested with hiswife. A High Court later permitted him to travel to London for medical treatment, but BNI officers arrested him at the airport after he had cleared immigration and transferred him to EOCO. His wife subsequently applied for habeas corpus, and Aludiba was released after four days. The Attorney-General has alleged that he attempted to use false means to access a frozen account, an allegation he denies.
The most extensive concern raised by OccupyGhana, however, centres on the ongoing investigation involving Power Distribution Services (PDS) Ghana Limited.According to the organisation, EOCO directed the freezing of about 66 accounts belonging to PDS and individuals associated with the company between April 7 and 10, 2026. EOCO subsequently obtained a High Court order confirming the freeze following an application made without notice to PDS.
Persons affected by the action have also alleged that accounts belonging to businesses they say have no connection to PDS were caught up in the restrictions. The PDS investigation intensified on April 30 when a company director and the project’s director appeared before the BNI accompanied by lawyers.
OccupyGhana’s background document says the lawyers were not permitted to act for their clients, were declared “persons of interest”, questioned and detained until May 1. The two PDS officials were also detained and initially granted bail of GH¢50 million each.
Less than a week later, on May 6, the bail conditions for the two PDS officials were increased from GH¢50 million to GH¢100 million each. They were also barred from travelling outside Ghana. The lawyers who had accompanied them were similarly granted GH¢50 million bail each and were required to provide sureties. The treatment of the lawyers has emerged as one of the most contentious elements of the case.
According to OccupyGhana, two lawyers who accompanied their clients were subsequently identified as persons of interest, detained overnight and prevented from representing the people they had gone to assistThey reportedly told investigators about their professional fees, while their personal and law-firm accounts were subsequently frozen. The lawyers also alleged that partners of their firm were placed on a no-fly watchlist.
The organisation argues that whatever the merits of the underlying investigation, taking action against lawyers simply because they represent persons under investigation creates a serious constitutional concern because access to legal representation is a fundamental safeguard for anyone facing investigative action.
Another issue raised is the frequency with which the affected persons have been required to report to EOCO. OccupyGhana says the two PDS officials and the lawyers have reportedly been required to report three times every week since May, amounting to about 60 attendances each, despite no criminal charges having been laid against them.
PDS subsequently filed an application for judicial review at the High Court’s Economic and Financial Division in Accra on August 27, 2026. The case, identified as Suit No. GJ/1046/2026, was awaiting a hearing date at the time of OccupyGhana’s statement.
The company also said correspondence from its lawyers to the Attorney-General concerning the matter had not been acknowledged.At the heart of the investigation is an allegation involving GH¢850 million.
According to the State’s position as outlined in the document, the investigation concerns the transfer of GH¢850 million from a CalBank account allegedly belonging to the Electricity Company of Ghana (ECG).
EOCO’s affidavit refers to a Financial Intelligence Centre petition alleging fraud involving insurance guarantees and transfers by company directors to third parties. EOCO has also cited what it describes as suspicious transactions, near-total withdrawals and the possibility that assets could be dissipated.
These allegations form the basis of the investigation and remain matters for the relevant investigative and judicial processes. PDS, however, contests key aspects of the allegations. In its judicial review application, the company argues that the Financial Intelligence Centre petition named two directors rather than PDS itself. It also maintains that an arbitral tribunal rejected the allegation concerning the guarantee and argues that the payments under investigation were made to identifiable creditors.
PDS further contends that ECG itself has not alleged that a crime was committed and that no criminal charge has been filed. OccupyGhana stresses that the allegations against PDS are serious and should be investigated.
However, it argues that the seriousness of an allegation cannot automatically justify indefinite restrictions on individuals or companies, excessive bail conditions or measures that bypass constitutional safeguards.
The group has therefore raised questions about the legal threshold required before an investigative agency can freeze a person’s or company’s accounts, how long such a freeze can remain in place without a charge, and whether an investigative agency can increase bail from GH¢50 million to GH¢100 million when no charge has been filed and the underlying allegations have not changed.
It has also questioned whether lawyers can lawfully be detained, prevented from representing clients, questioned about professional fees or subjected to restrictions merely because they represent people under investigation.
Other concerns include whether persons who have not been charged can be subjected indefinitely to reporting requirements and travel restrictions.
The controversy comes against a broader debate in Ghana over the use of investigative powers. OccupyGhana’s background note says bail conditions imposed by EOCO and the BNI in high-profile financial cases have reportedly ranged from GH¢10 million to GH¢150 million. In some instances, suspects have reportedly been unable to meet the conditions, prompting lawyers to seek variations from the High Court.
A Supreme Court action filed in May 2026 is seeking a declaration on whether security agencies have the authority to impose bail conditions without the courts. The Ghana Bar Association has also entered the debate. At its Mid-year Conference in June 2026, the association adopted a resolution concerning excessive bail conditions imposed by investigative and prosecutorial authorities. Its President subsequently stated at the association’s annual conference in September that bail should be reasonable, proportionate and consistent with the presumption of innocence.
The Centre for Democratic Development-Ghana has similarly called for greater transparency and respect for due process, while the Africa Centre for Energy Policy has warned that reporting requirements in the PDS investigation risk becoming punishment. OccupyGhana’s concerns also touch on constitutional provisions governing arrest, detention, legal representation, property rights and administrative decision-making.
The group’s legal analysis points to Article 14 of the Constitution, which provides protections for arrested and detained persons, including the right to be informed of the reasons for arrest and access to a lawyer, as well as the requirement that a person arrested and not released be brought before a court within 48 hours.
