The Centre for Legitimacy and the Rule of Law (CLRL) has proposed the passage of a Bail Act to provide a comprehensive legal framework governing bail conditions and related matters.
According to the CLRL, the current Criminal Procedure Act, which leaves the discretion of granting bail to investigative bodies, is not exhaustive enough.
The Executive Director of the CLRL, Richard Nii Amarh, emphasised that introducing a dedicated law on bail is crucial to prevent state institutions from weaponising bail as a form of punishment against individuals under investigation.
He noted that under current legislation, whilst the setting of bail conditions remains at the discretion of the respective institutions, these conditions must still be commensurate with the offences the accused are alleged to have committed.
Speaking on the programme Nyankonton Mu Nsem on Rainbow Radio 87.5FM, Mr Amarh was responding to the GHC 50 million bail conditions—which require three sureties, with two to be justified—granted to Miracles Aboagye by the Economic and Organised Crime Office (EOCO).
Lawyers for Mr Aboagye have described these conditions as cruel and oppressive, questioning how they could realistically expect him to meet them.
Commenting on the situation, Mr Amarh argued that the only immediate alternative available to the legal team of the aspiring National Communications Director for the New Patriotic Party (NPP) is to head to court to have the conditions varied.
He was, however, quick to point out that even law courts do not typically set such stringent bail conditions.
Acknowledging that such conditions are exceptionally difficult to meet, Mr Amarh stated that the CLRL would propose that authorities, particularly the ruling government, leverage their majority in Parliament to pass the Bail Act.
He explained that whilst EOCO has the mandate to investigate economic and organised crime and holds the right to grant administrative bail to suspects under investigation, clearer legislative boundaries are necessary.
“The law allows for discretion by state bodies. The Criminal Procedure Act, Act 30, which was passed in 1960, has not seen any changes. But if we want to still work in accordance with the current law, it allows EOCO, our courts, and other agencies to use their discretion in granting bail and setting conditions. The law also states that bail should not be used as punishment and must be commensurate with the offences the person or persons have committed or are alleged to have committed.”
“That is why we at the CLRL proposed the passage of a Bail Act. We need to pass this law because the current law and provisions in Act 30 are not adequate on how bail should be set. That is why EOCO can use its discretion in setting the GHC 50 million bail. While EOCO is setting bail with such conditions, it is also not easy to meet those conditions.”
Mr Amarh stressed that such severe bail conditions are rarely handed down in the courts, meaning the only viable path forward for Miracles Aboagye’s lawyers is to seek a court variation.
He added that if the government is truly committed to reform, it should seize this opportunity to pass the Bail Act and permanently resolve these systemic challenges.
By: Rainbowradioonline.com/Ghana