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Private legal practitioner Martin Kpebu has called for a more practical approach to bail conditions, arguing that some requirements make it unnecessarily difficult for suspects to secure their release.
Speaking on Adom FM’s Dwaso Nsem on July 14, Mr Kpebu said bail conditions should consider the circumstances of each individual, citing Dennis Miracles Aboagye as someone who is unlikely to abscond.
“We have to be sensible with the bail conditions for people because someone like Miracles will not run anywhere,” he said.
He questioned why Mr Aboagye, who travelled outside Ghana and returned, would suddenly attempt to flee the country.
“Where will Miracles run to? If indeed he wanted to run away, he wouldn’t have come back to Ghana because he travelled outside,” he added.
Mr Kpebu explained that when he uses terms such as “sensible” or “practical” in discussing bail conditions, it should not be interpreted as an attack on the authorities, as such expressions are commonly used in legal practice.
“I’ve seen that when you say those words, they think you are insulting them. But we use them every day in court because they are normal words. So let’s just say we have to be practical,” he stated.
The legal practitioner also raised concerns about the requirement for sureties to provide registered properties, arguing that many properties in Ghana are not formally registered.
“If you take data from the Lands Commission, non-registered properties are more than the registered ones by more than a hundredfold. So if your bail system requires only registered properties, you will end up disturbing people,” he said.
Mr Kpebu suggested that authorities adopt a more flexible approach by allowing other forms of property verification while giving suspects time to regularise documentation.
“You have to get practical methods. Maybe for properties that are not registered, you give bail and give time. If the person breaches the conditions, then you have the right to take action,” he explained.
He maintained that the requirement for “justification” of sureties creates unnecessary delays and should be reconsidered.
“Using that word ‘justification’ is not good at all,” he added.
His comments follow concerns raised by the legal team of Dennis Miracles Aboagye that their client has been unable to meet the bail conditions imposed by the Economic and Organised Crime Office (EOCO) following his arrest.
The legal team has described the GH¢50 million bail bond, which requires three sureties, two of whom must be justified, as difficult to satisfy.
Mr Aboagye, a former aide to the New Patriotic Party’s (NPP) flagbearer, Dr Mahamudu Bawumia, was arrested by EOCO upon his arrival at the Kotoka International Airport.
According to EOCO, the arrest is linked to investigations into alleged financial and procurement-related irregularities involving about GH¢55 million during his tenure as executive secretary of the Inter-Ministerial Coordinating Committee on Decentralisation (IMCCoD).
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