Abronye files Supreme Court suit challenging detention practices by EOCO, NIB, AG

Bono Regional Chairman of the New Patriotic Party (NPP), Mr. Kwame Baffoe, popularly known as Abronye, has invoked the original jurisdiction of the Supreme Court of Ghana, seeking a constitutional interpretation on what he describes as the unlawful detention of suspects by the Economic and Organised Crime Office (EOCO), the National Intelligence Bureau (NIB) and the Attorney-General and Ministry of Justice Department.

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 cases where bail has been granted but the accused persons are unable to meet the 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.

*Key reliefs sought*

Mr. Baffoe, who brings the action in his capacity as a citizen of Ghana, is praying the Supreme Court to make several declarations, including:

One, a declaration that Article 14(3) of the Constitution covers situations where an individual remains in custody despite being granted bail but is unable to meet the bail conditions.

Two, a further 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.

Three, he is seeking 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.

Four, he is also demanding a finding that the practice of granting punitive or unattainable bail conditions amounts to a constructive denial of bail, which undermines the spirit and letter of Article 14 of the Constitution.

Five, Abronye is further demanding an order directing EOCO and NIB to ensure that all persons arrested and granted bail, but unable to meet 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.

Six, Abronye is also seeking that, any other consequential orders that the Court may deem fit to give effect to the fundamental rights guaranteed under the Constitution.