NPP Warns Against Unfair Bail Practices
The New Patriotic Party (NPP), the main opposition in Ghana, has raised concerns about the treatment of its members by the government and the judiciary. At a press conference in Accra, the party’s General Secretary, Justin Kodua Frimpong, highlighted the issue of excessive bail conditions imposed on individuals perceived to be affiliated with the NPP.
Frimpong emphasized that such practices violate Section 96 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), and Supreme Court precedents. These legal provisions state that bail should not be punitive or withheld as a form of punishment. According to him, state security agencies have been flouting these constitutional provisions with impunity.
He pointed out that the constitution mandates that any person arrested or detained must be brought before court within 48 hours or be released either unconditionally or upon reasonable conditions. This ensures that they appear for trial at a later date. Frimpong noted that if an accused person is not tried within a reasonable time, they are entitled to bail regardless of the offense’s nature.
However, recent developments suggest a worrying trend where NPP members are being detained beyond the lawful limit, subjected to unreasonable bail conditions, and effectively denied justice. He stressed that the constitutional principle enshrined in Article 19(2)(c) states that a person accused of committing an offense shall be presumed innocent until proven guilty. Under the current administration, however, he claimed that individuals are presumed guilty until they prove their innocence.
Criticism of the Judiciary and Legal Officials
Frimpong cited several perceived members of the NPP who have been arrested, including Chairman Wontumi, Kwabena Adu Boahene, Abdul-Wahab Hanan, Gifty Oware Mensah, and Osei Assibey Antwi. One individual had a bail condition set at GH¢800 million, which Frimpong described as ridiculous. He questioned how this could not amount to a denial of bail, which the law explicitly opposes.
He also criticized the judiciary, suggesting that judges fear dispensing justice according to the law due to concerns about facing similar fates as Justice Torkornoo. Judges, he claimed, now assert that citizens are not equal before the law and cite dictators like Idi Amin of Uganda to justify unlawful detentions in a democracy.
The party also criticized the conduct of the Attorney General and Minister for Justice, Dr. Dominic Akurintinga Ayine. Frimpong accused him of acting as a “court of law” by declaring accused persons guilty even before their cases are filed or while they are still pending in court. He alleged that the Attorney General is more interested in striking deals with certain accused persons to use them as prosecution witnesses, securing convictions against former officials of the previous NPP administration.
Focus on Social Media Activists
Frimpong pointed out that the police seem more interested in arresting and persecuting social media activists, such as “Facebookers” and “Tiktokers,” for allegedly insulting public officials and making disparaging remarks about government officials. This selective approach, he argued, undermines efforts to combat insecurity in the country.
Such actions, he explained, erode public confidence in Ghana’s democracy and justice system, leading to a resurgence of a “culture of silence” where citizens are targeted for expressing dissenting opinions on social media.
Addressing Illegal Mining (Galamsey)
On the issue of illegal mining, known as galamsey, Frimpong accused the National Democratic Congress (NDC) of being enablers of the practice. He cited instances involving some NDC Members of Parliament and party executives who were engaged in irresponsible mining activities, even going as far as attacking military personnel attempting to stop them.
While acknowledging the existential threats posed by the worsening galamsey situation, Frimpong stated that the NPP is willing to cooperate with the government to fight the menace. He emphasized that the NPP is a responsible opposition and ready to assist in tackling this generational crisis for the love of the country.