The New Patriotic Party (NPP) has condemned the President Mahama-led administration for what the party terms as “unreasonable” bail conditions that often keep accused persons in custody beyond the maximum period stipulated for accused persons to be kept in custody.
Addressing the general public from the party’s head office, General Secretary Mr. Justin Frimpong Kodua lamented the increasing situation he described as “continuous weaponization of the state security and the judiciary against political opponents.”
Mr. Frimpong lamented that despite the party’s several calls on President John Mahama, through a demonstration and many press conferences to draw the president’s attention to this worrying treatment of their members, nothing has since been done.
He further emphasized the gravity of the issues before the security agencies and the courts, noting that it constitutes a disregard of the constitution of Ghana.
“It is increasingly concerning that the state security agencies continue to flout with impunity the constitution of Ghana, particularly Article 14, on the grant of bail to persons arrested or detained.
“Our constitution requires that persons who are arrested or detained be brought to the court within 48 hours or be released either unconditionally or under reasonable conditions as may be necessary to ensure that they appear at a later date for their trial. Thus, an accused person who is not tried within a reasonable time is entitled to bail irrespective of the nature of their alleged offense.”
Mr. Justin Frimpong Kodua, General secretary of the Opposition New Patriotic Party (NPP)
Mr. Frimpong stated that the recent development involving members of the New Patriotic Party who are accused of some crimes is in sharp contrast to the provisions of Article 14.
He further emphasized that accused persons who are members of the NPP are often “detained beyond the lawful limit, subjected to unreasonable bail conditions, and effectively denied justice.”
He also stated that these recent actions are not only in contravention of Article 14 but also other provisions of the Criminal and Other Offences Procedure Act of 1960, as well as established law from Supreme Court decisions.
“This practice contravenes section 96 of the Criminal and Other Offences Procedure Act 30, 1960, and the Supreme Court precedents, including one in Boko versus the Republic and Martin Kpebu versus Attorney General No. 2, which affirmed that bail should not be punitive or withheld merely as a punishment and that bail conditions must not be unreasonable or unlawful so as to amount to a constructive refusal to grant it.”
Mr. Justin Frimpong Kodua, General secretary of the Opposition New Patriotic Party (NPP)
He further stated that the constitution provides that an accused person is presumed innocent till proven guilty; however, the reverse is what members of the NPP are now facing, where they are presumed guilty and they are rather having to prove their innocence. “This is a shame to our democracy,” he stated.
Mr. Frimpong further noted that another worrying thing is the perception that the judiciary has been compromised, which he says is particularly due to the “unlawful removal of Head of the Judiciary Justice Araba Torkornoo.”
“The New Patriotic Party believes that this has created an atmosphere of fear among judges and undermined judicial independence,” he stated.
“For instance, how can a judge, in the face of the law and the constitutional principle of presumption of innocence, set bail conditions for one accused person to the tune of 800 million Ghana cedis? Doesn’t this eventually amount to denial of bail when the law speaks against it?”
Mr. Justin Frimpong Kodua, General secretary of the Opposition New Patriotic Party (NPP)
The general secretary of the opposition New Patriotic Party (NPP) further asserted that under the President Mahama led administration, judges generally are afraid of having to dispense justice as the law dictates, adding that the judges fear that they may also “suffer the same fate as Justice Torkornoo.”
He emphasized that the actions of the judges and the security agencies are now telling that equality before the law is no more in a democracy like Ghana’s, adding that judges are now even “quoting dictators like Idi Amin of Uganda to justify the unlawful detentions of citizens in our democracy.”
Mr. Frimpong therefore stated that their party will not back down on their quest for justice for members of the party, despite the prevailing occurrences.
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