Private legal practitioner Victor Kwadjoga Adawudu says the recent events surrounding the arrest and detention of lawyer Martin Kpebu show that there is mistrust in the Office of the Special Prosecutor (OSP).
Speaking on Joy News’ PM Express on Wednesday, December 3, he said the conduct of the OSP during the bail process raises serious concerns about fairness and the use of power.
He argued that the OSP acted in a way that suggested malice. According to him, bail is a legal right and should never be used to punish an accused person.
“There are factors that have to be taken into granting or refusing bail,” he said.
“You charge a man, you put an onerous condition on which he should be bailed. He’s being bailed, and you ask for the justification that he should bring a landed property document in his name.”
He said that even after those documents were provided, officers at the OSP abandoned their duty without explanation.
“Once they bring the document, you vacate the place, abandon your duty, instruct your personnel to leave, and you say, ‘We have closed, so we will not be able to execute the bail,” he said.
To him, this behaviour undermines confidence in the office.
“It’s clear, and it shows that there is some malice, there is mistrust, and you just want to use your power or the discretion that has been given to you to punish somebody.”
He stressed that this is wrong in principle, especially because Ghana’s laws are clear.
“As a bail, it is stated that bail should not be used as a source of punishment,” he said.
Mr Kpebu was reportedly arrested after responding to an invitation from the OSP on Wednesday, December 3.
He was later detained and granted bail with conditions that required him to show landed property in his name and provide one surety.