Bono Regional Chairman of the New Patriotic Party, Kwame Baffoe, popularly known as Abronye DC
The Bono Regional Chairman of the New Patriotic Party (NPP), Kwame Baffoe, popularly known as Abronye DC, has invoked the original jurisdiction of the Supreme Court of Ghana, seeking a constitutional interpretation regarding what he describes as the unlawful detention of suspects by the Economic and Organised Crime Office (EOCO), the National Intelligence Bureau (NIB), and the Office of the Attorney-General and Ministry of Justice.
In a writ filed at the Supreme Court, Abronye is asking the apex court to declare as unconstitutional the continued detention of persons by EOCO and NIB beyond the constitutionally mandated 48-hour period—particularly in instances where bail has been granted, but the accused persons are unable to meet the bail conditions imposed.
The action, brought under Articles 2(1) and 130(1) of the 1992 Constitution and in accordance with Rule 45(1) and (2) of the Supreme Court Rules (1996), C.I. 16, lists the Attorney-General, EOCO, and NIB as defendants.
Abronye is seeking several declarations from the Supreme Court, including:
A declaration that Article 14(3) of the Constitution applies to situations where an individual remains in custody despite being granted bail but is unable to meet the bail conditions.
A declaration that EOCO and NIB violate Article 14(3) when they detain suspects beyond 48 hours on the grounds that bail conditions—however excessive—have not been satisfied.
A pronouncement that the two agencies lack constitutional authority to detain any person beyond 48 hours without judicial authorization, even when bail has been granted but remains unexecuted.
A finding that the practice of imposing punitive or unattainable bail conditions amounts to a constructive denial of bail, which undermines the spirit and letter of Article 14 of the Constitution.
An order directing EOCO and NIB to ensure that all persons arrested and granted bail—but unable to meet the conditions—are either released or brought before a competent court within 48 hours of arrest or detention. Failure to do so, the Plaintiff argues, should render any continued detention unlawful.
Any other consequential orders that the Court may deem fit to give effect to the fundamental rights guaranteed under the Constitution.
AM/KA
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