Accra: Private legal practitioner Jennifred Maurice Adjei has raised significant concerns over the standard practice in Ghana that mandates accused individuals to present immovable property as a condition for bail. In a recently published legal paper, Adjei argues that this requirement is unconstitutional and discriminates against economically disadvantaged Ghanaians, effectively transforming the constitutional right to bail into a privilege exclusive to the wealthy.
According to Ghana Web, in the paper published on The Law Platform, Adjei asserts that this practice undermines the principles of equality before the law, creating what he describes as a "wealth-based dual justice system." The argument is made that while bail should balance the state's interest in justice with an individual's right to liberty, demanding immovable property as security imposes an undue burden on those without land ownership.
Adjei highlights data from the Ghana Statistical Service, noting that only a minority of Ghanaians possess officially registered landed property, thus leaving many accused unable to fulfill bail conditions, despite being legally presumed innocent. He argues that this practice breaches several provisions of the 1992 Constitution, including rights to personal liberty and equality before the law.
The paper references the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), and judicial cases like Martin Kpebu v Attorney-General to support the contention that bail conditions should not hinge on an individual's wealth. Adjei emphasizes that requiring landed property as a prerequisite for bail effectively criminalizes poverty and prolongs detention for those unable to meet such conditions.
Furthermore, Adjei argues that this practice is inconsistent with Ghana's international human rights obligations, including the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights (ICCPR). To combat systemic discrimination, he proposes reforms including adopting a risk-based bail assessment and expanding acceptable bail securities to include movable assets and character sureties.
Adjei also suggests legislative action to govern bail grants and urges the Chief Justice to establish uniform guidelines for bail across Ghana's courts. These recommendations aim to ensure that the justice system does not unfairly penalize individuals based on their financial status.