The Circuit Court in Dansoman has reduced the bail conditions of Mawuyiram Emmanuel Kojo Asai, a public servant with the National Disaster Management Organization (NADMO), from GH¢1,300,000 to GH¢500,000 following an application for variation by his legal counsel, Richard D. Brown Esq.
Asai, alongside businessman Jonas Darpoh, stands accused of defrauding a Chinese national, Beipeng Lei, of GH¢1,240,000 in a land transaction.
The two have been charged with 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 have pleaded not guilty.
Initial Bail Conditions
On January 8, 2025, the court set stringent bail conditions, including 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.
The sureties were also required to justify the bail with title deeds. The accused were ordered to deposit their Ghana Cards with the court registry and report weekly to the police.
Defense Appeal for Variation
During the application for variation, Mr. Brown argued that the initial bail conditions were excessive and beyond Asai’s financial means.
He cited Article 19(2)(c) of the 1992 Constitution, which guarantees that no one should be denied liberty due to excessively harsh bail conditions.
He proposed a reduction to GH¢500,000 with two sureties, one of whom must be a public servant earning at least GH¢5,000 monthly.
Mr. Brown assured the court that Asai posed no flight risk, had strong community ties, and was committed to complying with all bail conditions.
Court’s Decision
The court, presided over by Judge Halimah El-Alawa Abdul-Baasit, acknowledged Asai’s financial constraints and the need for fairness in ensuring access to justice.
The bail amount was reduced to GH¢500,000, with amended conditions requiring two public servants earning a minimum of GH¢5,000 to justify the bail.
However, the court maintained other conditions, including weekly police reporting and the deposit of Ghana Cards.
Additionally, GH¢250,000 of the bail amount was ordered to be released to Asai, offering some financial relief.
Case Background
According to the prosecution, led by Chief Inspector Nuarko, the complainant, Beipeng Lei, purchased 11.46 acres of land in Dawhenya from Darpoh between 2021 and 2024 for GH¢1,240,000, paid in installments.
Subsequently, the accused informed Lei of ownership disputes over the land and advised him not to access it.
Lei reported the matter to the police on September 19, 2024, leading to the arrest of the accused.
Investigations revealed that the land in question was owned by another party. Despite acknowledging receipt of the funds, the accused failed to provide documentation and did not fulfill promises to resolve the matter.
The case has been adjourned to April 23, 2025, pending further investigations and advice from the Attorney General. Both accused remain on bail under the revised conditions.
The case continues to attract public interest due to the significant financial sums involved and the need for justice in matters of land fraud.
