Audio By Carbonatix
The Vice Chairman of Parliament’s Constitutional and Legal Affairs Committee, James Enu, has defended the GH¢50 million bail granted to former Executive Secretary of the Inter-Ministerial Coordinating Committee on Decentralisation (IMCCoD), Dennis Miracles Aboagye, describing the amount as reasonable given the circumstances of the case.
His comments follow concerns raised by the Minority and Mr Aboagye’s lawyers that the bail conditions are punitive and unnecessarily excessive.
Speaking on JoyFM’s Top Story on Tuesday, July 14, Mr Enu said bail conditions are determined based on the circumstances of each case and must take into account the seriousness of the alleged offences and the amounts involved.
“As we are all aware, this is a matter that is being handled by EOCO. The gentleman, the subject matter, has been granted bail in the sum of GH¢50 million. The reaction from his lawyers is that those conditions are harsh and excessive. I think that there are guiding principles when it comes to the grant of bail,” he said.
He explained that while the law requires bail conditions not to be harsh or excessive, each case must be assessed independently based on its facts.
Mr Enu noted that Mr Aboagye is being investigated by the Economic and Organised Crime Office (EOCO) over alleged financial and procurement-related offences involving about GH¢55 million.
According to him, the amount involved in the investigation was a key factor that had to be considered when determining the bail terms.
“Investigating an offence that is connected to an amount of GH¢55 million and granting a bail for GH¢50 million, I think it’s not harsh, and it’s not excessive because the determination has been made based on the circumstances of the case,” he stated.
The lawmaker further explained that bail conditions are designed to ensure that suspects appear before investigators and the court when required.
He said that where a suspect fails to appear, persons who stand as sureties may be required to pay the bail amount, ensuring that the state does not suffer financial loss.
“When you grant bail, at the point where the person, the suspect, is not able to appear, then whoever stood surety for the suspect will be asked to forfeit the bail,” he explained.
Mr Enu maintained that bail sums should generally correspond with the value of the subject matter under investigation to protect the interests of the state.
He argued that in the event Mr Aboagye absconds, the sureties would be responsible for making good the bail amount, thereby reducing potential financial implications for the state.
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