Prof. Kwaku Azar Asare, a legal expert, has lamented that, despite the court’s bail order, the arrested protestors—who should never have been detained in the first place—remain unjustly in custody.
Prof. Asare expressed his concerns about the protestors being ensnared in a slow and cumbersome bail process that infringes upon their fundamental rights and freedoms.
“Yesterday, we celebrated as the High Court overturned the outrageous circus court order remanding protestors for two weeks. Many might assume this revocation meant the protestors would be heading home immediately. Unfortunately, that’s far from the reality.
“First, the court order must be typed—a task that, even in today’s digital age, can take hours. Once prepared, it requires signatures from both the presiding judge and the court registrar. Following that, the registrar drafts a letter to notify the regional police officer of the bail order”.
Prof. Kwaku Azar Asare
Prof. Asare further indicated that this cumbersome process is only the beginning.
He stated that the next step requires sureties to present themselves at the police station, where the police verify their financial standing.
He emphasized that this verification process can extend over several days and involves home inspections and thorough background checks.
Prof. Asare stated that the sureties must return to court to sign the bail bond only after this verification process is complete. It is only at that point that the police will release the accused.
The astute lawyer suggested that a more “streamlined bail process” should be implemented to prevent these unnecessary delays and prolonged detentions.
Accordingly, Prof. Asare proposed several solutions to enhance efficiency in the bail process.
He suggested implementing digitized court orders and automatic signatures, allowing bail orders to be instantly generated and digitally signed by both the judge and registrar.
This would significantly reduce the hours currently spent on manual preparation.
Additionally, he recommended the electronic submission of bail orders to the police.
Prof. Asare asserted that instead of relying on physical letters and traditional service methods, these documents should be transmitted electronically in real time, thereby eliminating delays associated with manual delivery.
Prof. Asare Advocates Remote Verification for Sureties
Furthermore, Prof. Kwaku Azar Asare recommended the implementation of remote verification for sureties.
He indicated that if sureties are required, the police could modernize the verification process by allowing them to submit necessary documents and undergo remote inspections, thereby avoiding time-consuming in-person checks.
“Remote Bail Bond Signing: Sureties should be allowed to sign bail bonds electronically or at the police station, avoiding unnecessary trips back to court.
“Immediate Release Upon Bail Bond Execution: Once the bail bond is signed, the accused should be released immediately, without further delay. These processes should take minutes, maybe a couple of hours but certainly not days”.
Prof. Kwaku Azar Asare
Prof. Asare further suggested that courts should consider alternatives to sureties, particularly for minor offenses.
He noted that one such alternative is a bail deposit system, where the accused or their family could deposit a predetermined amount with the court as bail.
According to him, this approach would eliminate the need for surety verification, with the deposit refunded upon the accused’s compliance with court requirements.
Prof. Asare also proposed several alternatives to traditional bail arrangements.
One such option, he mentioned, is bail by recognizance, which allows the accused to be released on their recognizance, particularly for low-risk defendants such as peaceful demonstrators, without the need for sureties or financial deposits.
Additionally, he suggested the involvement of third-party agencies or bail bondsmen, which could be government-backed or private entities acting as guarantors to ensure faster release by serving as sureties.
Furthermore, he recommended police station bail for minor offenses, allowing defendants to be released directly on police bail without requiring court hearings.
Prof. Asare emphasized that this will be on condition that the offender agrees to appear at their next court date.“This would require a shift away from colonial-era policing, where remand is used as a show of power”.
Prof. Asare asserted that liberty is priceless, emphasizing that the unjust detention of protestors and a 14-day remand should not be compounded by a bureaucratic bail process, especially after the high court has intervened to correct the injustice.
He noted that instead, these individuals deserve an expedited bail process that prioritizes their immediate release above all other concerns.
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