Justice Emmanuel Yonny Kulendi, a justice of the Supreme Court
• Justice Yonny Kulendi wants judges to have another look at bail conditions they set for accused persons
• He says some conditions are outrageous
• He has also spoken against ‘needless’ remand of persons
Justice Emmanuel Yonny Kulendi, a justice of the Supreme Court has expressed reservations about the bail conditions imposed on accused persons by some judges in the country.
Justice Kulendi is quoted by the Daily Graphic to have lamented the situation where accused persons have to meet certain ‘outrageous’ conditions before they are granted bail.
He also raised issues with how some judges have a habit of remanding suspects when granting the bail would have in his estimation made sense.
Justice Kulendi emphasized that remand should not be viewed as another form of punishment for accused persons.
According to him, the harsh bail conditions and other things have made justice delivery unfair and difficult in the country.
“A judge can grant bail in the sum of GH¢100,000 with three sureties, two to be justified and two of them must be civil servants. Which law says that one has to be a civil servant to bail an accused person?” he queried.
“Let’s make only those who must be kept in prison be in prison. If a person has not been found guilty, he should not be needlessly remanded,” he said.
Justice Kulendi’s comments which he made at the unveiling of media ambassadors for the Ghana Case Tracking System (GCTS) in Accra on Thursday, October 21, 2021, came a day before musicians Shatta Wale and Medikal were denied bail by the Accra Circuit Court. Martin Kpebu, who is the lawyer for Reverend Stephen Akwasi alias Jesus Ahuofe has accused the IGP of using remand as a form of punishment.
“Not for once should we encourage IGPs to ask prosecutors that accused persons be remanded when there is obviously no need for further investigations. It’s becoming one too many. Human rights also matter.
“The IGP should respectfully observe the human rights of the accused if you don’t need the person in custody. This thing about ‘let’s teach him a lesson’ is barbaric. If you want to teach him a lesson, let him be admitted to bail and then make sure you prosecute. You ask for the case to be expedited. You can’t use bail as punishment.
“We kept hearing the investigators and regional commander telling us that order from above. That thing must stop. These (his client and Shatta Wale) are very prominent people, where are they running to over misdemeanour offence,” he wondered.
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