Civil Society and Pressure Group, Occupy Ghana, is demanding immediate investigation to reveal the agents of State who flagrantly disobeyed a court order to release Gregory Afoko even though he had met all the conditions of his bail.
Gregory Afoko, who is standing trial with one another for their alleged involvement in the murder of the late Upper East Regional Chairman of the governing New Patriotic Party, Adams Mahama, has been in police custody since 2015 but is still being kept by the police service in spite of a bail granted him in March this year.
Even though the Attorney General’s department has succeeded in rescinding the bail granted in another High Court, the office has come under intense public criticism for its handling of the bail matter together with the police service.
In a statement, Occupy Ghana noted that it is “demanding a full and impartial investigation into the apparent refusal of the State to comply with a bail order given by the High Court in favour of an accused person, Mr. Gregory Afoko.”
The statement added that “we also demand that agents of the State who violated the court’s orders should be punished to the fullest extent permissible under the law.”
A new High Court presided over by Justice Merley Wood heeded the argument of the state represented by a chief state attorney Marina Appiah on the grounds that the accused person may abscond if allowed on bail even though the same facts had been rejected by another trial high Court judge.
Occupy Ghana noted that everyone must strive to fight and protect the fundamental human rights as enshrined in the Constitution and other applicable laws.
Below is the statement from Occupy Ghana
OCCUPYGHANA® DEMANDS PUNISHMENT OF OFFICERS WHO FLOUTED AFOKO’S BAIL ORDER
OccupyGhana® is demanding a full and impartial investigation into the apparent refusal of the State to comply with a bail order given by the High Court in favour of an accused person, Mr. Gregory Afoko. We also demand that agents of the State who violated the court’s orders should be punished to the fullest extent permissible under the law.
Ordinarily we would hesitate to comment on a matter that is pending in court. But we must be concerned when there is any appearance of gross and blatant violations of the constitutional rights of any citizen. Definitely, the actions of agents of the state in refusing to allow an accused person to take full advantage of a court order of bail, thereby holding him in illegal custody until a trial court makes a different bail order, should be repugnant to all.
It is a fundamental right for every person to be considered and treated as innocent until proven guilty. The criminal justice system must therefore not be deployed or manipulated to punish any person who has not been found guilty of any offence.
The facts as we know them show that at some point, a court of competent jurisdiction granted Mr. Afoko bail. The State appealed and applied to stay execution of the bail order. The State lost.
Thereafter, and once Mr. Afoko met the bail conditions, his continued detention for even one second was grossly wrong, blatantly unconstitutional and an egregious slap in the face of basic human rights, constitutionalism and the rule of law.
It is for these reasons that we call for an immediate, impartial investigation into this matter. Every officer of the state who was involved in this must be disciplined. If Mr. Afoko sues and wins, the damages must be borne personally by the public officers who did this. If our taxes are used to pay such damages, it would add insult to the injury caused to Ghana and our reputation by these repugnant acts.
The people of Ghana enacted this Constitution and stated in its Preamble that we believe in “the blessings of liberty,” “Freedom, Justice, Probity and Accountability,” “The Rule of Law,” and “The protection and preservation of Fundamental Human Rights and Freedoms.” If we lose or compromise these core principles, we would be lost as a people. We must all strive and fight to protect these.
No one is above the law.
Story by: Bismark Kwaku Asante|universnewsroom.com