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.
This development undermines Ghana’s democratic credentials and threatens the country’s reputation as a beacon of democracy and a regional oasis of peace.
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 its campaign against arbitrary bail conditions and the continued detention of accused persons even after they have met bail requirements.
Second, state security and investigative agencies should respect the laws of Ghana regarding bail and refrain from using it as a form of punishment.
Third, the Judicial Service should enhance training for judges on the setting of reasonable bail conditions.
Fourth, the media, the diplomatic community, and other CSOs should speak up against this unfortunate development creeping into Ghana’s legal system.
About LSN
The LSN is an organization for law students of Ghana interested in policy development, research, and community development.
“The Network’s aims and objectives include providing a platform for law students to undertake research and engage in discussions on legal, policy, and emerging issues related to social, political, and economic sectors in Ghana.
“Foster a community of learning and intellectual exchange among law students interested in policy and socio-economic development; promote awareness and understanding of legal and policy matters within the broader community.
“Contribute to national development through research, policy advice, and advocacy; demand accountability from the national government, student leadership, and management of the legal education across the country, and promote excellence in academic work and students’ leadership”.
