Lawyer Samuel Atta Akyea, representing Kwabena Adu-Boahen, has strongly condemned the actions of the Economic and Organised Crime Office (EOCO), describing the detention of his client and his wife as unlawful.
Speaking on ABC News GH, Atta Akyea accused EOCO and the Attorney General’s office of violating legal procedures and trampling on the constitutional rights of the accused.
According to the lawyer, EOCO is demanding an unprecedented bail of GHS 120 million for Adu-Boahen and GHS 80 million for his wife, Angela Adjei Boateng. He questioned whether justice lies with the courts or EOCO, stating, “My clients are not accused persons; they are merely suspects because their statements have not even been taken.”
Violation of 48-hour Detention Rule
Atta Akyea revealed that Adu-Boahen has been incarcerated in EOCO cells since Thursday without being charged, while his wife was also arrested when she attempted to visit him. He noted that their continued detention violates Ghana’s 48-hour rule, which requires authorities to either charge a suspect or release them within two days of arrest. “We will challenge it,” he asserted.
The lawyer further criticized the Attorney General for allegedly discussing plea bargaining options without first hearing his client’s side of the story. “How can he talk of plea bargaining when he has not even listened to our client? He does not even allow lawyers the space to privately consult with their clients to discuss their legal rights,” he lamented.
Rule of Law at Risk?
Atta Akyea stressed that the final decision on justice does not rest with the Attorney General or EOCO. “The AG is not a judge in his own right. This is a deviation from constitutional law and the rule of law,” he argued.
He questioned the Attorney General’s approach, warning against premature declarations of guilt before trial. “If you take your so-called sacrosanct evidence to court and you cannot prove it beyond a reasonable doubt, then you have defamed people for nothing. Serious investigators do not showcase matters in the public domain before they go through the legal process.”
He also criticized EOCO for allegedly interfering with confidential legal engagements, emphasizing that legal counsel must meet clients privately to advise them properly. “This is a constitutional requirement,” he stressed.