Private legal practitioner Victoria Bright has called for a careful balance between the Economic and Organised Crime Office’s (EOCO) investigative powers, the Constitution, and the protection of human rights as the debate over the Office’s recent hefty bail terms continues.
Speaking on JoyNews’ Newsfile on Saturday, November 22, she said that the core concern is ensuring that bail does not feel punitive before a person is tried.
“The most important thing is that EOCO has a job to do. We all support EOCO in exercising its mandate, but they have to do that within the rule of law and within the confines of the constitution while respecting people’s human rights. I think that’s the fundamental point. So a bail should not really feel like it’s a punishment before trial.”
She warned that if care is not taken, Ghana could slowly normalise human rights violations through excessive or unbalanced bail conditions.
“That’s what we’re all kicking up against. And for me, the bigger danger really is if we continue in a certain direction… it could set a bad precedent. And if that happens, then human rights violations can become normalized without us even realizing that that is the direction.”
While acknowledging that the purpose of bail is to ensure that accused persons appear before investigators or the courts, she argued that the issue must be viewed beyond that single point.
“The idea of the bail in these cases is that there is no incentive for you to run away, yes… But I don’t think it should be as narrow as that. Because in every situation where you have the Constitution… and then you have human rights, you have to do a balance.”
She clarified that she was not accusing EOCO of failing to strike the right balance, but noted that the sheer magnitude of the case under investigation makes the situation more complex.
According to her, the significant financial implications naturally heighten public expectations and scrutiny.
“I’m not suggesting that EOCO is not striking that balance because the sums involved are staggering. These are huge amounts of money. If he’s invested, say this 1.4 billion, for example, and then bail is set as 100 million, people will be like, Why?”
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