Abronye’s detention a “constitutional disgrace” – Afenyo-Markin slams bail denial

The Minority Leader and MP for Effutu, Alexander Kwamena Afenyo-Markin, has condemned the Circuit Court’s refusal to grant bail to Bono Regional NPP Chairman Kwame Baffoe, popularly known as Abronye DC, describing it as a “constitutional disgrace” and a warning sign of eroding civil liberties in Ghana.

Addressing a press conference at the NPP headquarters in Asylum Down, Accra, Afenyo-Markin argued that the court’s decision punishes a citizen not for any proven offence, but for what he might do or say in the future.

“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. “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 the ruling undermines fundamental constitutional protections under Articles 14 and 19 of the 1992 Constitution, which guarantee personal liberty and the presumption of innocence.

Afenyo-Markin criticized the prosecution’s opposition to bail, which was reportedly based on the claim that the accused was likely to commit similar offences if released. He warned that such reasoning sets a dangerous precedent for 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 stated.

He also questioned the continued detention of Abronye DC at the Bureau of National Investigations (BNI), calling it an improper use of national security facilities for a matter that does not pose a threat to national security. According to him, the case arose from a social media video in which Abronye allegedly criticized a Circuit Court judge — an act he said falls within constitutionally protected free speech.

The MP further raised concerns about 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 asked. He warned that any failure to properly document the remand order would render the detention unlawful and a violation of Article 14 of the Constitution.

Afenyo-Markin called on the judiciary to uphold its independence and resist political pressure, stressing that courts must remain the last line of defence for citizens’ liberties. He urged civil society, the media, and the legal fraternity to closely monitor the case and demanded 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 concluded.

Report by Bernard K Dadzie Greater Accra Region

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