Bono Regional Chairman of the New Patriotic Party (NPP), Kwame Baffoe, popularly known as Abronye (plaintiff), has taken to court the Economic and Organised Crime Office (EOCO), National Intelligence Bureau (NIB) and the Attorney-General and Minister for Justice, Dr Dominic Ayine (defendants).

Abronye's legal case is over the detention of suspects for over 48 hours on the basis that they have not met their bail conditions.

He wants the Supreme Court to declare that the continued detention of suspects by EOCO and NIB beyond 48 hours, solely on the basis that they have not met bail conditions—however excessive—constitutes a violation of Article 14(3) and is unconstitutional.

Abronye has prayed the apex court to give a proper interpretation of Article 14(3) of the Constitution. The law states that "A person who is arrested, restricted or detained for the purpose of bringing him before a court in execution of an order of a court; or upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana, and who is not released, shall be brought before a court within forty-eight hours after the arrest, restriction or detention."

He asserts that the arresting institutions, including EOCO and NIB, lack constitutional authority to detain any person beyond 48 hours without judicial authorisation, regardless of whether bail has been granted but not executed, and wants the court to declare so.

Mr Baffoe wants the court to tackle the issue where EOCO and NIB of grants bail on excessive, or punitive terms which deprive suspects of actual release.

According to him, this "constitutes a constructive denial of bail" and "undermines the purpose and spirit of Article 14, especially clause 3."

The plaintiff is urging the court to issue an order directing EOCО and the NIB to take all necessary and lawful steps to ensure that all persons arrested and granted bail, but unable to fulfil the bail conditions imposed, are either released or brought before a court of competent jurisdiction within 48 hours of their arrest or detention.

The defendants have within fourteen days after the service on them of the statement of the plaintiff's case, inclusive of the day of service, to file or cause to be filed for them a statement of the defendant's case in an action of the suit.

Abronye's legal redress comes after the detention and bail term of some members of the erstwhile government.

A little over a month ago, embattled Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako (Chairman Wontumi), was in the custody of the NIB and EOCO at different times over alleged serious criminal offences, including fraud, causing financial loss to the state, and money laundering.

Chairman Wontumi spent over 4 days in the custody of the arresting institutions over his inability to meet a GHC50 million bail term with two sureties. His bail term was challenged by the Minority in Parliament. A bail application hindered his early release after he managed to meet the bail term.

After the discontinuation of the bail waiver term case, Chairman Wontumi was released on Monday evening, June 2.

The Minority condemned his detention that violated Article 14, clause 3, of the 1992 constitution.

Also, in the Sky train case, where there was a $2 million financial loss to the state, the defence lawyers of former Chairperson of the Ghana Infrastructural Investment Fund (GIIF), Christopher Ameyaw-Ekumfi, ran to the High Court for a variation in bail term.

He was granted bail of GH¢10 million with two sureties, one of whom must justify with landed property in Greater Accra.

He was also required to deposit his passport and travel documents with the court and report to the police.

In response to their request, Justice Comfort Tasiame has asked the lawyers to file their request for the Attorney General to respond.

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