In a constitutional democracy, public trust in law enforcement agencies is crucial. The legitimacy of agencies like the Economic and Organised Crime Office (EOCO) and the Bureau of National Intelligence (BNI) rests on their adherence to the law. A press release by OccupyGhana on September 30, 2026, highlights critical constitutional questions regarding account freezes, agency-imposed bail, travel restrictions, and the treatment of legal counsel.
The fundamental premise of Ghanaian criminal jurisprudence is that every person charged with an offence is presumed innocent until proven guilty by a court of competent jurisdiction. However, EOCO and BNI's use of administrative measures such as indefinite account freezes and restrictive travel bans prior to filing formal charges blurs the line between pre-charge investigation and post-conviction penalty.
The PDS Ghana Ltd matter exemplifies these concerns, with 66 bank accounts frozen and repeated bi-weekly or tri-weekly attendances over five months without formal charges. When coercive powers are deployed without judicial oversight, the investigation itself becomes the punishment, disrupting suspects' livelihoods and tarnishing their reputations without a trial.
Public confidence is essential for EOCO and BNI to effectively fulfil their mandates. Citizens must feel confident that approaching these agencies with information will yield fair, transparent, and lawful outcomes. Recent judicial rulings, including a High Court decision revoking an account freezing order against Sesi-Edem Company Limited, highlight the risk of arbitrary or disproportionate investigative actions.
The treatment of legal practitioners representing suspects under investigation is also a concern. In the PDS matter, two lawyers were detained, granted GH¢50 million bail each, and questioned about their professional legal fees. Targeting lawyers for providing legal representation strikes at the heart of the justice system, making the constitutional right to legal defence illusory.
Another pressing concern is the practice of security agencies setting exorbitant bail conditions, sometimes reaching GH¢100 million or GH¢150 million without bringing suspects before a court. The Ghana Bar Association, CDD-Ghana, and the Africa Centre for Energy Policy have raised alarms over this practice, noting that bail must remain reasonable, proportionate, and aligned with the presumption of innocence.
Adhering to constitutional limits is not a concession to crime; it is the cornerstone of sustainable prosecution. Due process strengthens prosecutions, rendering asset recoveries lawful and convictions enduring. To restore public confidence, the relevant authorities must take clear, actionable steps, including charging suspects or releasing them and respecting judicial hierarchy.
Key points
- EOCO and BNI must operate within constitutional bounds to command moral authority and public confidence.
- The use of administrative measures such as account freezes and travel bans prior to filing formal charges can undermine public trust.
- Adhering to constitutional limits is crucial for sustainable prosecution and restoring public confidence.
