Private Legal Practitioner, Samson Lardy Anyenini has suggested that any official whose job it is to ensure that an accused person who has been granted bail, is released but delays in doing so, must be reported to the presiding judge.
He said, "the position of the law is that the person who is responsible for such conduct must be reported immediately to the Presiding Judge.”
Mr. Anyenini also noted that when the report is made, “the Judge may deal with that Police officer by ordering them to comply with the order that the court has made or report the conduct of the officer to their superiors for discipline.”
His remark comes after reports that the Crime Officer in charge of finalising the process for #FixTheCountry Convener, Oliver Barker-Vormawor's release after being granted bail, is nowhere to be found.
One of the #FixTheCountry Movement conveners, Felicity Nelson told JoyNews that all efforts to gain access to the Crime Officer have proved futile.
“The Police are deliberately frustrating the process. Hopefully, if we are able to locate the Crime Officer today, he will be released today. But if not, then we don’t know. It may be tomorrow or the day after that,” she said.
According to her, she suspects the development forms part of a grand scheme to frustrate the activist and prolong his predicament.
Commenting on this development, Mr. Anyenini said officers who deliberately frustrate the process can be dealt with by the Court.
The Tema High Court on Wednesday granted Oliver Barker-Vormawor a bail of GH ¢2 million.
As part of the bail terms, Barker-Vormawor is to provide two sureties; one of whom should deposit documents on his landed property in execution of the bail.
He was also required to report to the Police once a week.
Even after the bail, reports indicate that the Court Registry must verify the authenticity of the documents submitted to the Lands Commission as part of the requirements to meet the bail condition.
This means that the Police will detain the #FixTheCountry convener for another night until the Court Registry confirms the authenticity of the documents presented in support of his bail condition.
According to Samson Lardy Anyenini, authenticating the documents is a basic process. However, the process differs when one is granted a self reconnaissance bail.
Background
On February 10, Mr Barker-Vormawor took to social media to threaten a coup following pictures emerging from the Majority Leader’s 65th birthday bash showing an ‘E-levy’-designed cake.
He posted, “If this E-Levy passes after this cake BS, I will do the coup myself. Useless Army!”
In a subsequent post, he explained the context in which he used the word, coup.
He was arrested on February 11 at the Kotoka International Airport, upon arriving from the United Kingdom.
The activist is currently facing treason felony charges after he was initially charged with a misdemeanor offence conducive to the breach of peace.
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