‘Bail is not punishment’ – Kwaku Azar questions EOCO's GH¢50m bail for Baffour Awuah

Legal scholar and social commentator Professor Stephen Kwaku Asare, popularly known as Kwaku Azar, has questioned the GH¢50 million bail granted to Manhyia South MP Nana Agyei Baffour Awuah by the Economic and Organised Crime Office (EOCO).

Baffour Awuah reported himself to EOCO on Thursday, October 1, after the Accra High Court issued an arrest warrant for him.

He is being investigated over alleged conspiracy, financial loss, money laundering and tax offences.

In a social media post on Friday, October 2, Prof Asare said the bail amount and requirement for three sureties raise questions about whether the conditions are proportionate to the risks they are meant to address.

“Bail is not a debt-recovery mechanism. It is not restitution. It is not confiscation. And it is not punishment before conviction," part of his post read.

He noted that Section 96(3) of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) requires bail conditions to take account of the circumstances of each case and not be excessive or harsh.

Prof Asare questioned what the GH¢50 million figure was based on, particularly given reports that the alleged financial loss involved is about GH¢10 million.

He also questioned why EOCO required three sureties, arguing that the agency should explain the specific risks that necessitate such conditions.

The legal expert urged EOCO to explain the basis for the GH¢50 million bail and three sureties, saying such conditions must be reasonably necessary to secure the suspect's attendance and address legitimate risks.