Economic and Organised Crime Office (EOCO) has been heavily criticised for issuing out draconian bail conditions against suspects without thinking through the consequences of its actions.
These unpleasantly severe bail conditions have so far been imposed on many suspects, particularly former appointees of the main opposition New Patriotic Party (NPP) in a manner that has been described by many as dangerously impulsive.
Lawyer for Dennis Miracles Aboagye, an aide to Dr. Mahamudu Bawumia has roundly condemned the bail conditions imposed on his client, describing them as “cruel and oppressive” and inconsistent with the principles of democracy and the rule of law.
Speaking to the media after the bail was granted on Monday, July 13, Mr Atta Akyea argued that the conditions were practically impossible to satisfy within the constitutional time frame.
He noted that the requirement for three sureties, a GH¢50 million bail bond, and two sureties to be justified with landed properties worth GH¢50 million made it extremely difficult for his client to secure his release.
“The bail conditions are cruel and oppressive. They are about to exceed the 48 hours as enshrined in the Constitution. Where is this gentleman going to get three sureties, a GH¢50 million bail sum, and properties worth GH¢50 million?” he questioned.
According to Mr Atta Akyea, the stringent conditions appear intended to further punish his client rather than facilitate his release on bail.
“You can see clearly that it is a way to punish him some more,” he asserted.
Miracles Aboagye was arrested by EOCO at the Accra International Airport.
According to EOCO, the arrest was linked to alleged financial and procurement-related irregularities involving about GH¢55 million during his tenure as Executive Secretary of the Inter-Ministerial Coordinating Committee on Decentralisation (IMCCoD).
However, Mr Atta Akyea questioned the decision to arrest and detain Mr. Aboagye despite his previous cooperation with investigators.
According to him, his client had honoured earlier invitations from EOCO investigators and had never attempted to evade the authorities.
“The past record is showing that they have invited him here and he came and they said when they needed him, they will call him,” he said.
Mr Atta Akyea argued that there was no justification for treating Mr. Aboagye like a fugitive, insisting that his willingness to travel openly through the airport demonstrated that he had no intention of fleeing.
“I believe that democracy and the rule of law have been reversed. That a man who is not running away and is decent enough to go through the airport is arrested and detained all this while,” he stated.
Mr Atta Akyea further maintained that the treatment meted out to his client was inappropriate.
“I don’t believe that is how we should conduct affairs. It is not proper as if he is a common criminal, and I don’t see common criminals coming through the airport,” he added.
NPP expresses anger
Meanwhile, the Director of Legal Affairs of the NPP, Mr. Gary Nimako Marfo, has also described the GH¢50 million bail condition imposed on Miracles Aboagye, as excessive and oppressive.
Speaking on JoyNews, Mr Nimako argued that while courts have discretion in setting bail conditions, such conditions must be reasonable and should not create unnecessary hardship for an accused person.
He explained that the purpose of bail is to ensure an accused person appears before the court, rather than to punish them before the determination of the case.
“We call the bail excessive, oppressive. The bail is illegal, unconstitutional,” he said.
According to him, the defence team has legal options available, including applying to the court for a variation of the bail conditions if they consider the terms difficult to satisfy.
“His lawyers have options available to them. They can go back to court and seek a variation of the bail conditions,” he added.
Mr Nimako said bail conditions are expected to serve as a guarantee that an accused person will remain available for trial, adding that factors such as the person’s circumstances and ability to comply should be considered.
He added that he was only commenting on issues relating to Miracle Aboagye and could not speak to matters involving other individuals connected to the broader investigation.
