The Director of Legal Affairs for the New Patriotic Party, Gary Nimako, has disclosed that the legal team representing Dennis Miracles Aboagye will file a process at the Supreme Court to challenge the unconstitutional application of bail conditions by the Economic and Organised Crime Office. He argued that the intended action seeks to clarify the legal limits governing administrative bail during investigations.
Mr Nimako explained that the decision follows a continuous practice of linking bail conditions to an amount under investigation. According to the Lawyer, such an approach has no basis in law and places unnecessary restrictions on suspects who have not been charged before a court.
Discussing the available legal options to Miracles Aboagye, the Director of Legal Affairs stated that the purpose of bail is to secure the attendance of a suspect throughout investigations. He indicated that administrative bail should never become an instrument that prolongs detention through conditions that are difficult to satisfy.
“To use bail as punishment is illegal. Investigations are still ongoing, and no findings of criminality have been made. The law requires that bail ensures a suspect returns whenever investigators require the person.”
Gary Nimako
Furthermore, Mr Nimako explained that investigators retain several lawful measures to ensure compliance with bail conditions. He noted that authorities may request travel documents or adopt other reasonable safeguards that guarantee a suspect’s availability during investigations.
Against this backdrop, the Lawyer disclosed that individuals have now agreed to stand as sureties for Mr Aboagye. He added that the properties presented by the sureties are currently undergoing verification and valuation at the Lands Commission as part of the administrative process.
According to Mr Nimako, the verification exercise involves confirming ownership and determining whether the submitted properties satisfy the value required under the bail conditions. He explained that the process continues even though the legal team disputes the constitutionality of the conditions themselves.
Additionally, the Director of Legal Affairs contrasted the approach of EOCO with procedures adopted by other state investigative agencies. He argued that institutions such as the National Intelligence Bureau and the Criminal Investigation Department generally follow legal standards that ensure fairness during investigations.
Mr Nimako also questioned why EOCO has adopted a different interpretation of administrative bail. From his perspective, uniform application of the law is necessary in protecting the rights guaranteed under Ghana’s Constitution.
Investigations Should Not Determine Administrative Bail Requirements
The Director of Legal Affairs for the New Patriotic Party, Gary Nimako, also described the GH¢50 million bail granted to Dennis Miracles Aboagye as excessive and inconsistent with established legal principles. He argued that administrative bail should be based on securing a suspect’s availability for investigations instead of the value of the amount under investigation.
Mr Nimako explained that Mr Aboagye was granted bail with three sureties to justify, adding that the legal team considers the conditions harsh and unconstitutional. He reiterated that linking bail directly to the amount under investigation departs from the legal standards that govern administrative bail.
Addressing the legal basis for bail, the Director of Legal Affairs stated that investigators must consider whether a suspect is likely to honour invitations and cooperate throughout investigations. He indicated that the process should focus on attendance and accessibility instead of imposing financial thresholds connected to an ongoing inquiry.
“The criteria are very clear. The person must not be a flight risk, the person must make himself available whenever required, and there must be people willing to stand as sureties.”
Gary Nimako
Furthermore, Mr Nimako argued that investigations do not amount to proof of criminal conduct and should therefore not justify punitive bail conditions. He explained that criminal responsibility can only be determined after appropriate legal processes have been completed before a competent court.
According to the Lawyer, an investigation may ultimately produce no evidence capable of supporting criminal charges. He added that even where charges are eventually preferred, the courts remain responsible for determining guilt or innocence through due process.
Additionally, Mr Nimako contended that fixing bail according to the value of an alleged amount under investigation creates an unlawful precedent. He asserted that the practice has no foundation in Ghana’s legal framework and should not become the standard for investigative agencies.
“It is illegal, it is unconstitutional and it has no force of law. Bail cannot be fixed because of the amount investigators are examining.”
Gary Nimako
The Director of Legal Affairs further alleged that the approach adopted by EOCO under its Executive Director, Raymond Archer, differs from the practices followed by other state security institutions. He mentioned the National Intelligence Bureau and the Criminal Investigation Department as examples of agencies that, in his view, operate within recognised legal procedures.
In light of this, Mr Nimako questioned why one investigative institution should adopt a different interpretation of the law when constitutional safeguards apply equally to every citizen. He argued that consistency across state agencies strengthens confidence in the administration of justice.
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