Minority Leader and Effutu MP, Alexander Kwamena Afenyo Markin, has criticised the Circuit Court’s refusal to grant bail to Bono Regional NPP Chairman, Kwame Baffoe, calling it a “constitutional disgrace” and cautioning that it signals a dangerous decline in basic freedoms. Speaking at a press conference at the NPP headquarters in Asylum Down, Accra, on Sunday (17 May), Afenyo Markin argued that the bail denial effectively punishes a citizen not for any proven wrongdoing, but for potential future actions.
“Essentially, the state urged the court to imprison someone before any determination of guilt, simply because he might speak again, and the court concurred,” he said. He maintained that the ruling undermines the constitutional rights to personal liberty and the presumption of innocence, as guaranteed under Articles 14 and 19 of the 1992 Constitution.
“A citizen imprisoned not for what he did, but for what he might say. That is not the law. That is censorship from the bench,” the Minority Leader said. Afenyo Markin insisted that the bail application filed on behalf of Abronye DC was grounded in sound legal principles, noting that the accused faces misdemeanour charges, has a fixed residence, and presented credible sureties.
He criticised the prosecution’s opposition to bail, which was reportedly based on the claim that the accused was likely to commit similar offences if released. According to him, such reasoning sets a dangerous precedent in Ghana’s justice system.
“When a court denies bail not to serve justice, but to serve silence, it has administered political censorship from the bench,” he added. The Minority Leader further questioned the continued detention of Abronye DC at the Bureau of National Investigations, describing it as an improper use of national security facilities for a matter that does not pose a threat to national security.
He said the case stemmed from a social media video in which Abronye DC allegedly criticised a Circuit Court judge, arguing that such expression falls within constitutionally protected free speech. Afenyo Markin also raised concerns about what he described as procedural irregularities surrounding the remand order, claiming that no signed and certified document had been made available days after the court’s decision.
“On what legal basis did the Ghana Police Service take Mr. Abronye into custody and convey him to the BNI? On what legal basis did the BNI accept him and hold him?” he questioned. He warned that any failure to properly document the remand order would render the detention unlawful and in violation of Article 14 of the Constitution.
The Minority Leader called on the judiciary to safeguard its independence and resist political pressure, insisting that courts must remain the last line of defence for citizens’ liberties. He further urged civil society, the media, and the legal fraternity to closely monitor the case and called for Abronye DC’s immediate release.
“This reasoning is a constitutional disgrace. It is irreconcilable with the Constitution. A judge who denies bail because an accused may express political opinions has not administered justice,” he stated.
Source: Jonathan Ofori