By Emmanuel Edem Akomea
*Bail laws can trap anyone, not just the poor. What’s the best way forward?*
Let’s face it, in Ghana, being arrested doesn’t mean you’re guilty. But sadly, for many people, once you enter the police cell, your freedom depends not on justice, but on whether you can meet the bail conditions. This is not just a poor man’s issue. It could be your brother, your sister, or even you.
*The Bail Trap: Where the Problem Begins*
According to Ghana’s laws, particularly the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), many offences are bailable. That means once someone is arrested, they’re supposed to be given a fair opportunity to return home while awaiting trial.
*But what actually happens?*
A court may grant bail at GH¢20,000 or even more, with two sureties who must prove they own immovable property. That sounds good on paper, but in reality, how many ordinary Ghanaians can meet these conditions?
This is where injustice creeps in. Someone arrested for a minor fight or misunderstanding ends up spending weeks or even months in jail, not because they’ve been found guilty, but simply because they can’t raise the money or find a surety. Their life pauses, their job is lost, and sometimes, they come out worse than they went in.
*But the Constitution Says…*
Our very own 1992 Constitution is clear on this. Article 14 (3)(b) and (4) states that a person arrested must be brought before a court within 48 hours. Article 19 also says you are presumed innocent until proven guilty.
So if that’s the law, why do we have people spending 6 months or a year in custody without trial, for bailable offences?
The gap isn’t in the law. It’s in how the law is applied, and who it benefits. Justice must be fair, equal, and swift. But right now, the system favours those who have connections, land papers, or cash on hand.
*Let’s Be Clear: This Can Happen to Anyone*
It’s not just about the poor. Anyone, even middle-class professionals, can fall into the cracks if they’re arrested and don’t have quick access to cash or the right people.
The remand cells are full. Many people in there have not even been tried yet. The system, as it is, is punishing people before their guilt is proven.
This is why Ghana needs to have a serious national conversation about bail reform.
*So What’s the Way Forward?*
If we want a justice system that works for every Ghanaian, not just the well-connected, here’s what we must start thinking about:
1. Flexible Bail Conditions: Judges must consider the background of each accused person and apply reasonable bail terms. Not every bail must involve land papers and thousands of cedis.
2. Community-Based Alternatives: Instead of cash bail, courts could use personal recognizance, where someone is released based on a promise to appear, especially for minor, non-violent offences.
3. Speed Up Trials: The longer a case drags, the more lives are ruined. We need investment in faster court systems and more judges so that justice is not delayed or denied.
4. Strengthen the Justice for All Programme: This initiative has helped some people, but it must be funded better and expanded across the country to decongest our prisons.
*Justice Should Not Be a Luxury*
Let’s be honest: a system that holds people simply because they can’t pay is not justice, it’s injustice dressed in legal clothing.
We must build a justice system that reflects the dignity of every Ghanaian, not just the privileged few. Bail is not punishment. It is supposed to protect your rights while the law does its work.
Let’s Talk:
Have you ever seen someone kept in jail because they couldn’t meet bail conditions? Do you think Ghana needs to rethink how bail is handled?
Leave your thoughts, ideas, or stories in the comments. Let’s shape a fairer system together, one that works for you, for me, for all of us. Enditem
The writer is a Law Student.
Share Us
