Lawyer for Dennis Miracles Aboagye, Samuel Atta Akyea, has cautioned against what he describes as the misuse of bail conditions, insisting that bail should not be turned into a tool to punish suspects under investigation.
Speaking on Adom FM’s Dwaso Nsem, Mr. Atta Akyea argued that the purpose of bail is to ensure that an accused person appears before court when required and not to impose conditions that make it practically impossible for suspects to regain their freedom.
His comments come after Mr. Aboagye was granted bail of GH¢50 million with two sureties to be justified following his detention by the Economic and Organised Crime Office (EOCO).
Mr. Atta Akyea explained that the value attached to bail should not be confused with the amount of money an investigator believes is involved in an alleged offence.
“When it comes to the issue of bail, when you are given, say, 100 million dollars, it doesn’t mean you bring the White House,” he said.
According to him, the amount stated during investigations does not automatically mean a suspect must provide properties equivalent to that figure before being granted bail.
“Sometimes, even the money being investigated, by the time they get to court, they don’t even understand the issues, and the suspect has to explain to them,” he stated.
The lawyer further disclosed that during EOCO’s interrogation of Mr. Aboagye, he had to explain his official duties and responsibilities to investigators to help them understand the issues surrounding the matter.
“So Miracles Aboagye had to explain his duties and work to EOCO in the course of the interrogation,” he added.
Mr. Atta Akyea said the Constitution provides that a person arrested and detained beyond the legally required period must be brought before court and granted reasonable bail terms to guarantee their appearance for trial or further proceedings.
“The Constitution says that when someone is arrested and detained after 48 hours, they are supposed to be arraigned in court to be given reasonable terms to ensure that the suspect will appear for trial or for further investigation,” he explained.
He argued that excessive bail conditions can amount to a violation of a suspect’s rights, especially when the person remains in custody simply because they are unable to meet conditions considered unrealistic.
“The issue is that if Miracles has not had people who believe in him to secure his bail, he would have still been in detention,” he said.
Mr. Atta Akyea stressed that bail should serve its intended legal purpose and must not become an indirect form of punishment.
“The excessive bail is a clear violation of the law,” he stated.
He maintained that investigative agencies must distinguish between allegations being examined and the actual legal determination of a case.
“When you just mention certain amounts under investigation, that is the theory of the investigator. But if the suspect doesn’t get properties that equal this sum, then you will be detained,” he said.
The lawyer warned that such practices must be challenged to protect the rights of citizens.
“We must challenge it. We will not sit and watch that because of someone’s discretion; we would use bail as a weapon of punishment.”
Mr. Aboagye was released after meeting the bail conditions set by EOCO as investigations into the matter continue.
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