The Centre for Democratic Development (CDD-Ghana) has raised concerns over the application of pre-trial detention and bail procedures under the administration of John Dramani Mahama, citing significant public controversy and allegations of abuse of discretionary powers by investigative bodies.

In its one-year assessment of the Mahama administration, the policy think tank noted that the handling of arrests, detention and bail conditions—particularly in high-profile political cases—has generated debate about fairness, due process and the potential for institutional overreach.

EOCO Under Scrutiny

The report highlights complaints from several suspects, many of whom served as appointees under the previous New Patriotic Party (NPP) administration led by former President Nana Akufo-Addo.

According to CDD, some of these individuals felt that the Economic and Organised Crime Office (EOCO) had abused its discretionary authority to detain suspects and impose bail conditions.

The matter reached a crescendo during the arrest and detention of the NPP’s Ashanti Regional Chairman, Bernard Antwi Boasiako, widely known as Chairman Wontumi.

His case, which attracted significant public and political attention, became emblematic of wider concerns about investigative discretion and perceived partisan application of the law.

Legal Gaps and Risk of Abuse

While existing legislation allows decisions by investigative bodies to be challenged in court, CDD argues that the current framework still leaves room for potential abuse.

The organisation warned that without clearer statutory safeguards, the exercise of powers relating to arrest, bail and remand may continue to provoke controversy and erode public confidence in the justice system.

The report emphasised that the perception of unequal or politically motivated application of the law can undermine democratic stability and trust in state institutions.

CRC Proposals as a Remedy

As part of its recommendations, CDD pointed to proposals made by the Constitutional Review Commission (CRC), which it believes offer a pathway to reform.

Among the key suggestions is the passage of comprehensive legislation by Parliament to regulate arrest procedures, bail conditions, pre-trial detention and remand. Such a law would establish clear timelines and defined grounds for exercising these powers, thereby limiting arbitrary or prolonged detention.

The CRC further recommends the establishment of a similar statutory framework to guide prosecutions, ensuring consistency, transparency and accountability across the criminal justice process.

Call for Parliamentary Action

CDD urged lawmakers to consider these proposals carefully, arguing that codifying clear standards would protect individual rights while preserving the legitimate powers of law enforcement agencies.

The think tank noted that strengthening legal safeguards in the pre-trial process is essential not only to protect suspects’ rights but also to reinforce public confidence in Ghana’s democratic institutions.