A private legal practitioner with Sam Okudzeto & Associates, Lawyer Dominic Kojo Brenya Otchere, has criticised what he described as the increasing use of onerous bail conditions by the Economic and Organised Crime Office (EOCO) and other state investigative agencies, saying the practice could undermine the constitutional rights of accused persons.
Speaking on National Agenda on Denkyiraman Radio 91.9MHz on Wednesday, Lawyer Otchere said the primary purpose of bail was to secure the attendance of an accused person in court and not to punish individuals before they had been tried or convicted.
He said bail conditions must be reasonable, proportionate and capable of being satisfied by the accused person.
According to him, where bail conditions are so excessive that they become practically impossible to fulfil, they effectively amount to a denial of bail and could infringe the constitutional presumption of innocence and the right to personal liberty.
Lawyer Otchere expressed concern that the imposition of what he termed punitive bail conditions, particularly in high-profile investigations involving members of the political opposition, created a perception of selective justice and political interference.
He stressed that investigative and prosecutorial agencies must exercise their statutory powers impartially, professionally and within the confines of the law.
The legal practitioner called on EOCO and other institutions with investigative and prosecutorial authority to ensure that their actions promoted justice, protected fundamental human rights and strengthened public confidence in the country’s criminal justice system.
He urged the courts and law enforcement agencies to remain guided by the Constitution, saying justice must not only be done but must also be seen to be done without fear, favour or political consideration.
