A Political Scientist and Research Fellow at the Centre for Democratic Development (CDD-Ghana), Dr. John Osae-Kwapong, has warned government agencies against exceeding their mandate in law enforcement, insisting that state power must be applied strictly within legal boundaries.
His remarks came after the Economic and Organised Crime Office (EOCO) released former Chief Executive of the National Food Buffer Stock Company (NAFCO), Hanan Abdul-Wahab Aludiba, from custody.
Speaking on Channel One TV’s The Big Issue on Saturday, July 11, which was monitored by Ghanaianradar, he noted that while bodies like EOCO and the Attorney-General’s Office have a duty to probe and prosecute suspected offences, their methods must not suggest bias or misuse of authority. “You must ensure that the lawful powers given by the state, when applied, do not cross into abuse,” he stated.
He stressed that officials must carry out their duties in a way that assures the public of fairness in the justice system. “The responsibility lies with the state and its agents to give us confidence that even as they enforce the law, they are not doing so arbitrarily,” he said.
Dr. Osae-Kwapong admitted that law enforcement is often confrontational because it deals with alleged crimes, but said that should not erode protections for citizens. “The state usually adopts an adversarial posture in law enforcement. They believe you’ve committed some alleged offence. They don’t politely invite you to discuss the allegations,” he explained.
“However, you must not go beyond the limit,” he cautioned. He also emphasised that every accused person, regardless of the gravity of the charges, is entitled to be presumed innocent and to full due process protections.
“Regardless of the situation, even someone accused of the worst crimes is still entitled to the presumption of innocence and to all due process rights,” he said.
Hanan Abdul-Wahab Aludiba and his wife, Faiza Seidu Wuni, were earlier charged with other suspects over alleged financial crimes linked to the state-owned firm. The Attorney-General’s Office later dropped the charges against them, citing new evidence, after which the court discharged them.
But EOCO later picked up Mr. Abdul-Wahab and his wife again, sparking debate over the propriety and process of the action. The ex-NAFCO CEO continues to profess his innocence, while his legal team has questioned parts of how the state handled the case.
EOCO has justified its move, maintaining that the re-arrest was legal and done according to procedure.In the meantime, the legal team of the former NAFCO CEO, together with former Attorney-General Godfred Yeboah Dame, insists their client is not guilty of the charges filed by the Attorney-General’s Office.
They described the charges as deceptive and an effort to legitimize what they termed the unlawful arrest of Abdul-Wahab at Kotoka International Airport on July 4.They also argued that, contrary to the Attorney-General’s claim, no application had been submitted to review the High Court’s order that allowed Abdul-Wahab to travel prior to his arrest.
