International corporate lawyer and entrepreneur Victoria Bright has cautioned law enforcement agencies against using bail conditions as a form of punishment, insisting that constitutional safeguards and the presumption of innocence must be respected throughout criminal investigations.

Speaking on JoyNews' Newsfile on Saturday, July 18, during a discussion on the arrest of Former Executive Secretary of the Inter-Ministerial Coordinating Committee on Decentralisation (IMCCoD), Miracles Aboagye, by the Economic and Organised Crime Office (EOCO), Ms Bright said while accountability for alleged wrongdoing is essential, it must never come at the expense of the rule of law.

She said that EOCO has the legal mandate to investigate and prosecute suspected offences, but said its actions must remain firmly within the limits of the Constitution.

"Accountability is important. These are serious allegations, and EOCO is the properly mandated institution to investigate and prosecute these actions," she said.

However, she said that constitutional rights remain in force regardless of the allegations against an individual.

"We've talked about Article 14, and Article 19 is also important. Everybody in this country is presumed to be innocent until they are proven guilty by a court of competent jurisdiction and convicted as such. So, in all these things, we have to tread with caution. The rule of law must prevail absolutely at all times because today it's one person, tomorrow it could be any of us in this room," she stated.

Ms Bright said discussions surrounding high-profile arrests should not be driven by personal opinions about those involved.

"When analysing these situations, we have to be dispassionate. You shouldn't look at the individual concerned and how you feel about that person because the matter is far bigger than all of us and far bigger than that person," she added.

Although she acknowledged that investigators may grant bail within the constitutional time limit, she argued that excessively stringent conditions could undermine that right if they are practically impossible to meet.

Referring to reports that Mr Aboagye was granted bail set at GH¢50 million with property justification, Ms Bright questioned whether such a condition was realistic.

"One hour before the expiration of the time to look for GH¢50 million, I mean, who in this country can provide that? Even if you're a drug dealer of the biggest magnitude, you still have to make arrangements," she remarked.

She explained that beyond identifying property, investigators must verify ownership and value before a suspect can be released, a process that can take time.

According to her, authorities should avoid creating situations where bail conditions effectively prolong detention beyond what the Constitution intended.

"We need to be careful so that EOCO doesn't put itself in a situation where it can be felt that it's trying to avoid this constitutional obligation by structuring bail conditions in a way that could predictably keep the accused person in custody longer than they should be," she warned.

Ms Bright said that the primary purpose of bail is to ensure that a suspect returns for investigations and trial, not to punish them before a court has determined guilt.

"What is the purpose of bail anyway? Bail is intended primarily to secure a suspect's attendance during investigations and trial. Period. That is it. That's all bail is supposed to do," she said.

"It is not supposed to punish a suspect before conviction. It is not supposed to satisfy public demands for retribution. It is not supposed to function as a substitute for a freezing or confiscation order."

Ms Bright also questioned whether the amount set for bail had been influenced by the alleged financial loss under investigation.

"The GH¢50 million is interesting because, for me, it's very close to the GH¢55 million that's been allegedly stolen. I'm asking myself whether that was part of the consideration, that it should be calibrated according to the alleged financial loss rather than according to the genuine risk of flight or non-attendance," she said.

Ms Bright also questioned whether Mr Aboagye's arrest at the airport was necessary, arguing that investigators should first assess whether there is any genuine risk that a suspect will evade justice.

She noted that Mr Aboagye had reportedly travelled and returned to Ghana while investigations were ongoing.

"If the person in question is not known to be dodging EOCO, in fact, despite being under investigation, they travelled and came back. Yes, arrest him at the airport if you must, but is it really necessary? Invite the person. If they don't show up, then that's a different matter," she said.

According to her, investigators should instead consider objective factors before deciding on arrest or bail conditions.

"The questions that should have been asked are: Does he have a fixed place of residence? Is he likely to flee Ghana? Has he previously refused EOCO's invitations? Is he likely to interfere with witnesses? Is there any evidence that he may conceal or dissipate assets? Could reporting requirements, passport surrender, or travel restrictions adequately manage those risks?" she asked.

She said, however, that investigations must be conducted in a way that preserves public confidence in the justice system.

"If it is the case that these crimes have been committed, then EOCO must pursue them relentlessly. But we just have to do it in a way where its actions are not perceived as converting bail into some kind of pre-trial punishment," she said.

Read also: Miracles Aboagye released from EOCO custody amid GH¢55m investigation