Samuel Abdullahi Jinapole, Rating Member of Parliament’s Overseas Affairs and Regional Integration Committee, has criticized the continued detention of Mr. Kwame Baffoe (Avronye DC), saying the event is a worrying signal for Ghana’s democracy and the administration of justice.
In a publish shared on Fb on Wednesday, Could 20, the previous Minister of Lands and Pure Assets argued that the prison justice system shouldn’t be used as a method to suppress political opposition or public opinion.
Ginapo, who presently serves as a senior member of Parliament’s Overseas Affairs and Regional Integration Committee, stated the detention of Avronje DC raises “vital issues concerning the justice and consistency within the operation of our prison justice system.”
In response to Ginapore, one of many elementary rules of Ghana’s judicial system is the presumption of innocence, beneath which all defendants are thought-about harmless till confirmed responsible by a courtroom of competent jurisdiction.
He additional emphasised that bail ought to by no means be used as a punitive device, citing the landmark Supreme Courtroom case Kupeb v. Legal professional Common as the premise for the proposition that even these accused of significant crimes similar to homicide, treason, and theft have the proper to be thought-about for bail.
He defined that courts sometimes contemplate a number of elements when deciding on bail purposes, together with the defendant’s chance of attending trial, the chance of obstructing an investigation, the seriousness of the crime, and whether or not the defendant has a hard and fast residence or a dependable surety.
“These concerns intention to steadiness the proper to particular person liberty with the right administration of justice,” he stated.
Ginapol argued that courts are obliged to grant bail if the proof introduced doesn’t sufficiently assist the popular costs in opposition to the accused. He argued that this precept was related to the case regarding Avronje DC.
Past the speedy authorized points surrounding the case, Mr. Jinapor raised broader issues about what he described as a brand new sample of prison prosecutions involving members and sympathizers of the opposition New Patriotic Social gathering (NPP).
He claimed that in latest months, a number of NPP politicians, spokespeople and commentators have confronted prison proceedings over statements made within the media and public boards.
“Whereas every case should be thought-about by itself information, this sample creates developments that can’t be ignored,” he stated.
The lawmaker cautioned in opposition to utilizing prison proceedings to handle points that may usually fall beneath civil legislation, notably defamation.
“The prison justice system shouldn’t be seen as a method to cope with political speech or public commentary,” he argued, including that allegations of false or defamatory statements are already addressed beneath civil authorized procedures.
Jinapole warned that the continued prosecution of opposition voices may create what he referred to as a “new tradition of silence” inside Ghana’s democratic house.
He argued that the prison justice system seemed to be “deployed to silence the nuclear energy plant as a way to permit the federal government of the day to proceed with impunity.”
The assertion echoes latest calls by Mahamudu Bawumia and Alexander Kwamena Afenyo Malkin for speedy bail.
Mr. Jinapole referred to as on “all supporters and promoters of democracy in Ghana” to assist this name and defend constitutional freedoms and political plurality.
“It can be crucial that public confidence in our justice system is maintained via equity, consistency and a whole lack of political selectivity,” he stated.
