Private legal practitioner Theo Dzimega has defended the discretion of judges in bail applications, following criticism by Minority Leader Alexander Afenyo-Markin over the continued remand of the New Patriotic Party's Bono Regional Chairman, Kwame Baffoe.

Speaking on Joy FM’s Top Story on Monday, May 18, Mr. Dzimega said bail decisions are based on judicial discretion and should not be influenced by a person’s status or political position.

“When you apply for bail, no matter how strong the issues are in your favour, it is discretionary. To a large extent, you have to appeal to the discretion of the judge. You don’t go with bravado to say, ‘I am the Minority Leader’ or ‘I am the chairman,’” he said.

He explained that judges are required to assess each application on its own merits, using the facts before them and established legal principles.

According to him, it is wrong to compare bail decisions in separate cases and suggest that one ruling should automatically apply to another.

“The judge must apply the law to the facts before him and rely on legal reasoning and judicial precedents to decide whether to grant bail. So if that is the case, why attack the judge?” he questioned.

Mr. Dzimega said the presiding judge should not be blamed for hearing the case, noting that judges do not select matters assigned to them.

“The judge is not the one who called the police to bring this particular case before him. For all we know, Abronye DC may have appeared before this judge in a similar matter before, and he acted accordingly,” he said.

He also challenged the Minority Leader, Alexander Afenyo-Markin’s, remarks about contempt proceedings, stating that the Circuit Court judge in question does not have the power to cite him for contempt in the way suggested.

“As a senior lawyer, he should know that the Circuit Court does not have that power. So it is unfortunate what he has done,” Mr. Dzimega added.

The comments come after the Minority Leader criticised the judge handling the case involving Kwame Baffoe, describing parts of the legal process as unfair and unconstitutional.

Mr Afenyo-Markin said he had no respect for the judge at Circuit Court 9 and accused him of failing to uphold the law.

“I pray he summons me for contempt. I will continue to disrespect him until he upholds the law. It’s a shame on the judiciary. He doesn’t talk law,” he said while reacting to proceedings in the Abronye DC case.

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Theo Dzimega defends judge's authority in Abronye DC bail case, criticizes Afenyo-Markin's comments

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