Former State Prosecutor, Augustine Obour, has criticised the approach taken by the legal team of NPP Ashanti Regional Chairman, Bernard Antwi Boasiako, popularly known as Chairman Wontumi, regarding the GH¢50 million bail condition imposed by the Economic and Organised Crime Office (EOCO).
Speaking on Joy FM’s News Night, Mr. Obour stated that rather than mounting public protests and political pressure, Wontumi’s lawyers, along with Minority MPs, should have pursued the legal route by applying to the court for a variation of the bail terms.
“At the beginning, they [Wontumi lawyers] could have gone to court for the bail when they sensed that danger was coming. They could have gone to court for variation of the bail, and the court could have substituted a bail for it,” he explained.
The former State Prosecutor stated that Wontumi is still a suspect and has not been formally charged, which makes the case particularly suited for judicial intervention.
[embedded content]According to him, once EOCO grants bail and the accused is unable to meet the conditions, the law requires that the person be taken to court, not kept in custody, so that a judge can determine appropriate terms.
“The law states that within 48 hours, if you cannot release the person on bail, not to grant bail, then you have to take the person to court. By granting the person bail in the sum of 50 million Ghana cedis, if the person cannot secure it, then you are bound to take the person to court,” he said.
Mr Obour added, “He’s now a suspect; he has not been charged. Instead of all these things they are doing, they could have gone to court, attached the bail information in the court.
“He [Wontumi] has been granted bail by them [EOCO] but has not been released. The law allows them to go to court for variation, and that could have been easier for them.”
He added that instead of relying on political action, such as public demonstrations and sit-ins, Wontumi’s legal team had the option of presenting the bail documents in court and asking for a substitution.
“The person can also go to court, but you are violating my right by taking me into custody or granting me a bail condition that I cannot fulfil.
“So his lawyers could have gone to court for a variation of the bail term. And in such a situation, the court could have substituted its own bail for the accused person.”
His comments come after the Minority caucus, along with NPP supporters, has been protesting at the EOCO office, demanding a review of the bail conditions and the immediate release of Chairman Wontumi, who has been in custody for over 48 hours.
The NPP members claimed that the GH₵50 million bail sum is excessive and unfair and insisted they were going to remain at the EOCO headquarters until Wontumi was released.
The Minority Leader, Alexander Afenyo-Markin, questioned the rationale behind asking a citizen to first provide properties worth GH¢50 million before being granted bail, especially when the individual had already cooperated with law enforcement agencies.
He called on the authorities to reconsider the GH¢50 million bail condition, arguing that it is both unreasonable and unnecessary.
“He was arrested in a Rambo-style…you interrogate him, he makes himself available, and your next thing is ‘go and bring title properties worth 50 million cedis. What kind of country are we in?” he asked.
“Have they looked at the Constitution? They should vary the bail term, as the man is unwell. He’s in their [EOCO] custody, they know, so they should vary. Wontumi will not run away.”
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