Law Students Network cautions against arbitrary bail conditions creeping into Ghana’s justice system

The Law Students’ Network (LSN) has cautioned against the creeping introduction of arbitrary and onerous bail conditions into Ghana’s criminal justice system, calling on various stakeholders to institute measures to prevent this development.

According to LSN, the practices not only contravene established legal principles but also weaponise bail as a tool for silencing dissent, targeting political opponents, and punishing social critics, a development that undermines Ghana’s democratic credentials and threatens the country’s reputation as a beacon of democracy and an oasis of peace within the region.

In a statement, LSN noted that recent developments in Ghana’s legal system suggest a disturbing trend as certain security agencies, investigative bodies, and even courts have imposed arbitrary and onerous bail conditions that effectively punish accused persons before trial. In some cases, accused persons are kept in custody despite meeting bail requirements, raising questions about the independence of institutions and adherence to constitutional safeguards.

Citing some examples and analysing the legal framework on bail in Ghana, LSN indicated that this trend, if unchecked, risks undermining Ghana’s democratic trajectory, reintroducing a culture of silence, and eroding public trust in the justice system.

The group has therefore, called on the Ghana Bar Association to intensify campaign against arbitrary bail conditions and the continued detention of accused persons even after meeting bail requirements; State security and investigative agencies to respect the laws of Ghana on bail and desist from using bail as a form of punishment; the Judicial Service to enhance training for judges on the setting of reasonable bail conditions; and the media, the diplomatic community, and other CSOs to speak up against this unfortunate development creeping into Ghana’s legal system. Enditem

Ghana Eye Report

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