The arrest of Dennis Miracles Aboagye by the Economic and Organised Crime Office (EOCO) over allegations of misappropriation, theft and diversion of approximately GH¢55 million in public funds has generated intense public and political debate. Following his arrest, EOCO granted him bail under conditions reportedly requiring a financial bond running into tens of millions of cedis. The bail conditions have drawn criticism from legal practitioners, politicians and sections of the public, who argue that they are excessive and amount to punishment before trial.
Reacting to the development, legal practitioner Lawyer Adofo said the primary purpose of bail is to secure the attendance of a suspect during investigations and trial, not to punish an accused person before a court has established guilt.
Speaking on Ahotor FM’s Adekyee Mu Nsem programme, hosted by Citizen Kofi Owusu in Accra, Lawyer Adofo argued that investigators should assess whether a suspect is likely to abscond rather than base bail conditions on the amount of money allegedly involved in a case.
According to him, factors such as a suspect’s reputation, family ties, social standing and willingness to cooperate with investigators should guide decisions on bail.
Referring to the case of Dennis Miracles Aboagye, Lawyer Adofo argued that he is a well-known public figure with strong ties to the country, making it unlikely that he would flee from justice.
“If investigators believe there is a risk that a suspect may leave the country, they can seize the person’s passport, require regular reporting to the authorities or ask for sureties. Those are reasonable conditions to ensure the person appears whenever required,” he said.
Lawyer Adofo maintained that imposing bail conditions based on the alleged value of funds involved in a case creates the impression that investigators have already concluded the suspect is guilty.
“The responsibility of investigators is not to determine whether the suspect has stolen the money. That is the duty of the courts after hearing the evidence. Bail should only ensure that the suspect returns to answer the allegations,” he stressed.
He described the practice of imposing extremely high bail conditions as unfair and inconsistent with the constitutional principle that every accused person is presumed innocent until proven guilty.
The legal practitioner further expressed concern that some security agencies appear to allow political considerations to influence their actions instead of acting independently and professionally. He urged law enforcement institutions to remain impartial, uphold the rule of law and apply fair and reasonable bail conditions to all suspects, regardless of their political affiliation.
Lawyer Adofo concluded by calling for greater professionalism within Ghana’s criminal justice system, insisting that bail should be aimed solely at securing the attendance of suspects and should never be used as a form of punishment before trial.
Story by Stephen Kwaku Owusu Mintah, Ahotor FM, Accra.
