The Circuit Court in Dansoman has varied the bail conditions of Mawuyiram Emmanuel Kojo Asai, a public servant working with the National Disaster Management Organization (NADMO), reducing his bail from GH¢1,300,000 to GH¢500,000.
The change came following an application for a variation filed by his legal counsel, Richard D. Brown Esq.Asai, along with businessman Jonas Darpoh, is accused of defrauding a Chinese national of GH¢1,240,000 in a land transaction.
The two men face charges of conspiracy to commit a crime and defrauding by false pretenses, under Sections 23(1) and 131 of the Criminal Offences Act, 1960 (Act 29). Both accused persons have pleaded not guilty to the charges.
The Circuit Court had initially set stringent bail conditions on January 8, 2025, including a GH¢1,300,000 bail for each accused person, three sureties, and a requirement for two sureties to be public servants earning no less than GH¢10,000 monthly.
Additionally, the sureties were required to justify the bail with title deeds, and the accused had to deposit their Ghana Cards at the court registry and report weekly to the police station.
However, Asai’s legal team argued that the original bail terms were beyond his financial means.
Mr Brown emphasized that despite Asai’s efforts, he was unable to meet the stringent bail conditions due to his limited resources. He contended that Asai is presumed innocent under Article 19(2)(c) of the 1992 Constitution of Ghana, which mandates that no person should be denied liberty based on excessive bail conditions.
In his application for variation, Mr. Brown requested a reduction in the bail amount to GH¢500,000, with two sureties, one of whom must be a public servant earning a minimum of GH¢5,000 monthly.
He assured the court that Asai posed no flight risk, had strong community ties, and would comply with any varied conditions. The court, recognizing the financial difficulties faced by Asai and the importance of ensuring access to justice without unduly infringing on the right to liberty, accepted the application.
The bail amount was reduced, and the conditions were amended as follows: two sureties, both public servants earning at least GH¢5,000, will justify the bail.
Despite the reduced bail, the court reiterated that all other conditions, including the weekly police reports and the submission of Ghana Cards, remain unchanged.
Additionally, the court ordered that GH¢250,000 of the bail amount be released to Asai, offering some financial relief. The court adjourned the case to April 23, 2025, for further proceedings.
The Chronicle had reported yesterday that National Disaster Management Organisation (NADMO) employee, Mawuyiram Emmanuel Kojo Asai, 43, and a businessman, Jonas Darpoh, 34, have been granted bail totalling GH¢2.6 million, by the Circuit Court in Dansoman.
The two are accused of defrauding a Chinese national of GH¢1,240,000 in a land transaction.
Both accused persons pleaded not guilty to charges of conspiracy to commit a crime and defrauding by false pretences under Sections 23(1) and 131 of the Criminal Offences Act, 1960 (Act 29).
Presiding Judge, Halimah El-Alawa Abdul-Baasit granted bail of GH¢1,300,000 to each accused, with three sureties each.
Two of the sureties must be Public Servants earning at least GH¢10,000 monthly and one must provide title deeds equivalent to the bail amount.
Additionally, the accused must deposit their Ghana Cards at the Court Registry and report weekly to the police station until further notice.
The court referred the case to the Attorney General for advice, citing the significant amount involved.
Application for bail
The Prosecution, led by Chief Inspector Nuarko, opposed the bail application, arguing that the accused had failed to cooperate during investigations.
It was revealed that after being granted police inquiry bail, the accused persons failed to report to the police until criminal summons were issued.
The Prosecution argued that the accused posed a flight risk and should remain in custody to facilitate investigations.
Defense Counsel Edwin Osei Boateng deferred to the court’s discretion, emphasising that the accused persons were willing to comply with all bail conditions.
Allegations
According to the Prosecutor, the complainant, Beipeng Lei, a Chinese national residing in Weija, purchased 11.46 acres of land in Dawhenya from Jonas Darpoh between 2021 and 2024 for GH¢1,240,000.
The payment was made in instalments. The accused later informed the complainant that there were ownership disputes over the land and warned him not to access it.
Suspicious of fraud, the complainant reported the matter to the police on September 19, 2024, leading to the arrest and investigation of the accused.
During investigations, the accused acknowledged receiving the funds for the land, but failed to provide the necessary documentation.
They promised to submit the documents by October 4, 2024, but did not fulfill this commitment. Further investigations revealed that the land sold to the complainant was owned by another party.
Current Status
The accused have been charged with conspiracy to commit a crime and defrauding by false pretences.
The case has been adjourned to April 23, 2025 to allow further investigations and legal advice from the Attorney General.
