The Law Students’ Network (LSN) has issued a caution against what they described as a growing trend of arbitrary and onerous bail conditions in Ghana’s criminal justice system.
In a statement issued on Thursday, September 18, 2025, LSN highlighted that such practices contravene legal principles and weaponise bail to silence dissent, target political opponents, and punish social critics, thereby undermining Ghana’s democratic credentials and reputation as the beacon of peace in the sub-region.
The group pointed to recent cases where security agencies, investigative bodies, and courts have imposed excessive bail conditions, effectively punishing accused persons before trial.
LSN noted instances where individuals were detained despite meeting bail requirements, raising concerns about institutional independence and constitutional safeguards.
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“This trend, if unchecked, risks undermining Ghana’s democratic trajectory, reintroducing a culture of silence, and eroding public trust in the justice system,” the statement read.
While expressing worry over the growing trend, the group urged stakeholders to take swift action to curb the practice.
LSN called on the Ghana Bar Association (GBA) to intensify campaigns against arbitrary bail conditions and unlawful detentions.
He also urged state security and investigative agencies to respect Ghana’s bail laws and refrain from using bail as punishment.
The group also appealed to the Judicial Service to enhance training for judges on setting reasonable bail conditions and encouraged the media, diplomatic community, and civil society organisations to speak out against this development.
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The statement by LSN comes on the back of recent criticisms against bail conditions set by some state investigative agencies such as the Economic and Organised Crime Office (EOCO) for suspects.
Read the full statement by LSN below:
POSITION OF LAW STUDENTS NETWORK ON RECENT DEVELOPMENTS ON BAIL CONDITIONS IN GHANA
EXECUTIVE SUMMARY
Recent developments in Ghana’s legal system, despite constitutional safeguards on bail, 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. This trend, if unchecked, risks undermining Ghana’s democratic trajectory, reintroducing a culture of silence, and eroding public trust in the justice system.
The Law Students Network (LSN) therefore calls on the Ghana Bar Association to intensify its campaign against arbitrary bail conditions and the continued detention of accused persons after meeting bail requirements; state security and investigative agencies to respect Ghanaian laws on bail and desist from using bail as a form of punishment; the Judicial Service to enhance training for judges on setting reasonable bail conditions; and the media, diplomatic community, and other CSOs to speak out against this unfortunate development creeping into Ghana’s legal system.
BACKGROUND
The imposition of unconventional and, in many cases, unconscionable bail conditions by some state security agencies and courts has become a troubling feature of Ghana’s criminal jurisprudence. The phenomenon manifests in two main ways: first, through the imposition of excessive or unconscionable bail conditions, such as demands for landed property, unusually high financial sums, or sureties with specific professional qualifications; and second, through the deliberate detention of accused persons even after bail has been granted and conditions fulfilled.
Security agencies such as the Office of the Special Prosecutor (OSP), Economic and Organised Crime Office (EOCO), Ghana Police Service, National Intelligence Bureau (NIB), and, in some cases, the courts, have imposed onerous bail conditions that appear to use bail as a tool of punishment before trial. The situation is worsened by instances where state institutions deliberately deny bail, even when granted by courts, despite accused persons meeting bail conditions. It is particularly concerning that this phenomenon appears to target perceived political opponents of the current government and social media commentators, suggesting an attempt to suppress dissent, silence opposing voices, and reintroduce a culture of silence in Ghana.
CASE ILLUSTRATIONS
1. Kwame Baffoe Abronye
Kwame Baffoe, popularly known as Abronye, the Bono Regional Chairman of the opposition New Patriotic Party (NPP), was remanded into custody without the option of bail by an Accra Circuit Court over comments allegedly made against the Inspector General of Police in a social media video. The presiding judge denied him bail, citing the non-equality principle in George Orwell’s Animal Farm and a quote from Idi Amin, wrongly attributed to Robert Mugabe, claiming that since the IGP was involved, the case, though a misdemeanor, should be elevated to a national security matter.
2. Chairman Wontumi – GH¢50 million
Bernard Antwi Boasiako, popularly known as Chairman Wontumi, Ashanti Regional Chairman of the NPP, was arrested by the Economic and Organised Crime Office (EOCO) on suspicion of willfully causing financial loss to the state. He was granted bail in the sum of GH¢50 million, leading to his detention for over five days without trial due to his inability to meet such excessive conditions.
3. Kwabena Adu-Boahene and Wife – GH¢200 million
Former Director-General of the National Signals Bureau, Kwabena Adu-Boahene, and his wife, Angela Adjei Boateng, standing trial for alleged money laundering and causing financial loss to the state, were granted cumulative bail of GH¢200 million by EOCO. This included GH¢120 million for Mr. Adu-Boahene and GH¢80 million for his wife, with two sureties to be justified, resulting in eight days of custody despite the presumption of innocence.
4. Paul Adom-Otchere – Two Landed Properties in His Name
The OSP, investigating Paul Adom-Otchere, former Board Chairman of the Ghana Airports Company Limited (GACL), in connection with a revenue assurance contract, demanded two landed properties registered in his name as bail. Mr. Adom-Otchere indicated that he owned no such properties, yet the OSP insisted, resulting in him spending a day in custody before the conditions were later varied.
5. Kofi Akpaloo – GH¢10 million
Kofi Akpaloo, Leader of the Liberal Party of Ghana (LPG), under investigation for alleged financial crimes, was granted bail of GH¢10 million by EOCO. The excessive sum resulted in his detention for about eight days.
6. Sir Obama Pokuase – GH¢50,000 with Government Employees as Sureties
Social media activist Daniel Adomako, popularly known as Sir Obama Pokuase, was granted bail of GH¢50,000 with three sureties, two of whom had to be salaried workers and one a government employee earning at least GH¢3,000. Despite meeting these conditions, he was kept in police custody for over a week before release.
7. TikTokers and Other Cases
Several TikTok users, including Prince Ofori (Fante Comedy), Yayra Abiwu, Priscilla Duah Birago, and Charity Dede Tetteh, suffered similar ordeals for comments made on social media. Some were detained for up to a week after meeting bail conditions, while others were remanded without their pleas being taken or the option of bail being offered. Similar incidents have been reported in other cases.
LEGAL FRAMEWORK ON BAIL
– **Article 14(4), 1992 Constitution**
– **Article 19(2)(c), 1992 Constitution**
– **Criminal Procedure (and Other Offences) Act, 1960 (Act 30)**
– **The Republic v. High Court (Criminal Division) Accra, Ex Parte Francis Arthur**
– **Practice Direction (Determination of Bail and Consequential Matters), 2019**
Bail is the temporary release of an accused person or suspect awaiting trial or pending investigations, either conditionally or unconditionally, to guarantee their appearance in court. This is rooted in the constitutional guarantee of liberty stated in Article 14 of the 1992 Constitution and the presumption of innocence provided in Article 19(2)(c) of the Constitution.
Ghana’s criminal justice system guards against excessive or harsh bail conditions. Section 96(3) of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), provides that bail amounts and conditions must reflect the circumstances of the case and “shall not be excessive or harsh.” Similarly, Section 96(4) of Act 30 emphasizes that bail must not be withheld or withdrawn as a form of punishment.
The courts have explained that the cardinal condition for refusing bail is the possibility that the accused person will not appear to stand trial. Thus, Section 96(6) of Act 30 provides guidelines for determining this, which is further affirmed by Section 3 of the Practice Direction (Determination of Bail and Consequential Matters), 2019. The Supreme Court, in Ex Parte Francis Arthur, reaffirmed that the grant of bail should not be arbitrary or capricious but exercised judicially.
ASSESSMENT
Bail is intended to serve the simple but vital purpose of guaranteeing the temporary release of a suspect or accused person to ensure their appearance in court. Ghana’s criminal justice system abhors excessive and harsh bail conditions that weaponize bail as a tool for punishment, settling personal scores, or illegitimately infringing on the personal liberties of a suspect. Such conditions also risk presenting the suspect as though already guilty of an offense, even before a court of competent jurisdiction has tried the case, contrary to the presumption of innocence principle protected by the Constitution. Thus, to the extent that an accused person meets the provisions in Section 96(6), making their availability to stand trial tenable, bail conditions should not be excessive or harsh, and no accused person should continue to be kept in custody after meeting any bail condition.
In light of this, the recent developments in which state security and investigative agencies set onerous bail conditions in an attempt to punish accused persons—such as requiring landed property registered in the accused person’s name, as in the case of the OSP and Adom-Otchere, or demanding sureties who are government workers with a specified salary threshold, as in the case of Sir Obama Pokuase—are alien to the laws of Ghana. These practices not only contravene established legal principles but also weaponize 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 hope and an oasis of peace within the region.
RECOMMENDATIONS
The Law Students Network, therefore, calls on:
– The Ghana Bar Association to intensify its campaign against arbitrary bail conditions and the continued detention of accused persons after meeting bail conditions.
– State security and investigative agencies to respect Ghanaian law on bail and desist from using it as a form of punishment.
– The Judicial Service to enhance training for judges on setting reasonable bail conditions.
– The media, the diplomatic community, and other CSOs to speak out against this creeping and unfortunate development within Ghana’s legal system.
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