The continuous detention of Mr. Kwame Baffoe (aka Abronye DC) raises important concerns about justice and consistency in the administration of our criminal justice system.
One of the cardinal principles of our justice system is the presumption of innocence, where every accused person is presumed innocent until proven guilty.
It is also a well-established principle that bail is not refused as a form of punishment. It is for these reasons that the Supreme Court in Kpebu v Attorney-General held that even for the most heinous crimes like murder, treason and robbery, an accused person is still entitled to bail.
In considering bail, the court is guided by factors such as the likelihood of the accused attending trial, the risk of interference with investigations, the nature of the charge, and whether the accused has a fixed place of abode and reliable sureties among others.
These considerations are meant to balance the right to personal liberty with the proper administration of justice. Where bail is refused, the decision must clearly reflect the legal threshold and the facts before the court.
More importantly, a court is required to grant bail where the facts presented do not support the charge, as we’ve all seen in the Abronye case.
Beyond the legal issues, there is a broader concern. In recent months, several individuals associated with the NPP, including politicians, communicators, and commentators, have faced criminal prosecution for what they say or write. While each case must be considered on its own facts, the pattern creates a development that cannot be ignored.
The criminal justice system must not be seen as the avenue for addressing political speech or public commentary. Allegations of false or defamatory statements are long provided for under civil law, particularly in defamation.
While freedom of expression is not without limits, the criminal process should not become the default response to disputes that are, in substance, civil in nature.
Quite clearly, it appears that the criminal justice system is being deployed to silence the NPP in order to allow the Government of the day to proceed without being held accountable.
All adherents and promoters of democracy in Ghana should support the call by the Presidential Candidate of the NPP, Dr. Mahamudu Bawumia, and that of the Minority Leader, Hon. Alexander Kwamena Afenyo-Markin, for Abronye to be granted bail immediately, and for steps to be taken to resist the emerging culture of silence in our political space.
It is important that public confidence in our justice system is maintained through fairness, consistency, and the absence of any appearance of political selectivity.
