Prominent Ghanaian legal practitioner Martin Kpebu has urged the removal of the 'justified sureties' requirement from Ghana's bail conditions. He states this condition significantly complicates the bail process for many citizens.
Mr. Kpebu highlights that proving ownership of properties for bail can be both time-consuming and expensive. This challenge arises even when the financial bail amount, such as the GHS 50 million set for Dennis Miracles Aboagye, might otherwise be manageable through community support.
This issue fits into a broader discussion about access to justice and the efficiency of Ghana’s legal system. Cumbersome bail requirements can lead to longer pre-trial detentions, impacting individuals' livelihoods and the economy. The challenges intersect with public perceptions of fairness in the application of the law, especially in high-profile cases involving significant monetary values. Data from previous years indicates substantial backlogs in court cases, partly due to complexities in legal procedures.
“The bail conditions are too much for Ghanaians. It is not even about the GHS 50 million, although it is money,” Mr. Kpebu said on Adom FM’s Dwaso Nsem. He acknowledged that Mr. Aboagye, due to his standing, might gather financial support, but stressed that the process itself remains a significant barrier.
The requirement for 'justified sureties' involves providing property documents for verification. Officials undertake extensive searches at the Lands Commission to confirm authenticity. Property valuation experts then inspect the property and issue a report on its worth.
This verification can incur additional costs for those seeking expedited processing. The lengthy process can keep suspects in custody for extended periods while documents are vetted. Mr. Kpebu stated he did not wish to comment on the GHS 50 million amount itself, as he did not know EOCO's reasoning. However, he maintained that removing the 'justified' aspect would significantly speed up the bail process.
He recommends a phased approach to bail conditions. This would allow suspects to present property documents for an initial verification. They could then be released, with additional time to complete other requirements. Such a reform could reduce detention times and ease pressure on the judicial system.
These comments follow concerns from Dennis Miracles Aboagye's legal team. They described the GHS 50 million bail bond, requiring three sureties with two being justified, as overly difficult to meet. Mr. Aboagye, a former aide to NPP flagbearer Dr. Mahamudu Bawumia, faced arrest by EOCO upon his arrival at Kotoka International Airport. His arrest links to investigations into alleged financial and procurement irregularities totaling about GHS 55 million. These alleged irregularities occurred during his tenure as Executive Secretary of the Inter-Ministerial Coordinating Committee on Decentralisation (IMCCoD). Any reforms to bail conditions would directly impact how such financial crime cases are managed. It would also affect the liquidity and availability of property assets for use as surety.