Drags EOCO, NIB, AG TO COURT Over Harsh Bail Conditions
A prominent member of Ghana’s opposition New Patriotic Party (NPP) has filed a lawsuit against three state institutions, alleging unlawful detention practices and a breach of fundamental human rights related to bail conditions.
Kwame Baffoe, widely known as Abronye DC, who serves as the NPP’s Bono Regional Chairman, lodged a suit with Ghana’s Supreme Court against the National Intelligence Bureau (NIB), the Attorney General (AG), and the Economic and Organised Crime Office (EOCO).
Constitutional Challenge
Abronye DC is seeking a constitutional interpretation from the Supreme Court, arguing that the three state bodies are detaining suspects beyond the 48-hour period permitted by the constitution.
This, he claims, occurs even when bail has been granted, but individuals remain in custody due to their inability to meet what he terms “unreasonable and excessive” bail conditions.
He contends that this practice violates Article 14(3) of Ghana’s 1992 Constitution, which outlines protections against unlawful detention.
The suit asks the Supreme Court to declare the practice unconstitutional and to clarify the rights of individuals granted bail who remain detained because they cannot fulfill the imposed conditions.
Demands for Clarity and Release
The lawsuit specifically names the Attorney General and Minister for Justice, the NIB, and EOCO as respondents. Abronye DC is asking the Supreme Court to affirm that Article 14(3) applies to all detained individuals, regardless of whether bail has been granted.
He further seeks a declaration that EOCO and NIB lack the constitutional authority to detain any individual beyond 48 hours without explicit judicial approval, even if bail conditions have not been met.
The suit also requests an order compelling EOCO and NIB to either release or present before a competent court, within 48 hours, all suspects who have been granted bail but remain detained due to unfulfilled bail terms.
Abronye DC argues that continued detention in such circumstances should be deemed unlawful.
He asserts that setting excessively punitive or practically impossible bail terms amounts to a de facto denial of bail, thereby undermining Article 14 of the 1992 Constitution, which protects personal liberty and due process.
By Prince Ahenkorah