Lawyer Kwesi Botchway Jnr drags EOCO to RTI Commission over failure to release details on GH¢600 million recoveries

A legal practitioner, Lawrence Kwesi Botchway Jnr, has formally petitioned the Right to Information Commission to review “the failure of the Economic and Organised Crime Office (EOCO) to grant access to information relating to GH¢600 million in recoveries announced by the President”.

In an application dated April 24, 2026 and addressed to the Executive Secretary of the Commission, Lawyer Botchway invoked Section 31 of the Right to Information Act, 2019 (Act 989), seeking a review of EOCO’s handling of his earlier request for information.

Background to the request

According to the application, Lawyer Botchway stated that he initially submitted a formal request on March 2, 2026, seeking detailed information on the GH¢600 million in recoveries referenced during the 2026 State of the Nation Address delivered by the President.

He explained that the request specifically sought “breakdown of the GHS 600 million by case or file and amounts recovered, names of persons or entities from whom recoveries were made, dates and mode of recovery, current location or custody of recovered monies or assets, status of related investigations or prosecutions, and copies of official receipts or payment advices evidencing lodgment into public accounts.”

The application noted that copies of the original request and proof of delivery were attached as evidence.

EOCO response and identification demand

Lawyer Botchway indicated that EOCO responded in a letter dated March 3, 2026, which he said he received on March 10, 2026. However, instead of granting or refusing the request, the agency allegedly requested additional identification.

He quoted EOCO as demanding that he “submit my Ghana Card to the Executive Secretary in person before the request would be processed.”

In response, Lawyer Botchway said he wrote back on March 13, 2026, drawing EOCO’s attention to the provisions of the law. He cited Section 18(1)(d) of Act 989, explaining that the law requires only “proof of identity” and does not mandate a specific form of identification.

He further stated that he attached a certified copy of his Voter ID card issued by the Electoral Commission as proof of identity, adding that this complied with the law and applicable regulations.

Despite this response, he told the Commission that “as at 23rd April, 2026, EOCO has provided no further communication, neither granting access nor issuing a lawful refusal under Section 24 of Act 989.”

Grounds for review

In outlining the basis for his application, Lawyer Botchway argued that EOCO’s conduct amounts to a deemed refusal under the law.

He stated that “EOCO failed to make a decision on the request within 14 days as required by Section 23(1),” adding that the request for a Ghana Card “does not constitute a decision under the Act, nor does it stop the statutory clock.”

He further described EOCO’s insistence on a Ghana Card as unlawful, arguing that “Act 989 does not empower a public institution to demand a specific form of ID, nor to insist on in person submission.”

According to him, “Section 18(1)(d) requires proof of identity only,” and the Commission has recognised that “Voter ID, Passport, or Ghana Card all suffice.”

He maintained that his submission of a Voter ID card fulfilled the legal requirement, and that EOCO’s continued inaction after receiving the document “constitutes a refusal.”

Public interest argument

Lawyer Botchway also raised issues of public interest, noting that the information requested relates to funds already disclosed at the national level.

He stated in the application that “the information sought pertains to public funds already disclosed by the President to Parliament,” adding that under Article 35(8) of the Constitution and Section 17(2)(d) of Act 989, there is “overriding public interest in disclosure.”

He further argued that exemptions relating to ongoing investigations cannot apply in this instance, stating that “Section 16 exemptions for prejudice to investigation cannot apply to recoveries already completed and announced.”

Reliefs sought

The applicant is asking the Commission to make several determinations and orders in relation to the matter.

These include a declaration that EOCO’s demand for a Ghana Card submitted in person is unlawful and that the Voter ID provided satisfies the legal requirement for identification.

He is also seeking a determination that EOCO’s failure to provide the requested information amounts to a wrongful denial of access.

Additionally, Mr Botchway is requesting the Commission to order EOCO to release all requested information within seven days of its decision and to “issue directions under Section 33 sanctioning EOCO for obstructing access without reasonable cause.”

Attachments and further action

The application was accompanied by supporting documents, including copies of the original request, EOCO’s response, his follow up correspondence with the Voter ID, and excerpts of the 2026 State of the Nation Address referencing the GH¢600 million recoveries.

Lawyer Botchway indicated his readiness to assist the Commission in its review, stating that he is available to appear and provide further particulars if required.