Haruna Iddrisu, Member of Parliament for Tamale South, has sharply criticised the way bail is handled in Ghana. He stated that institutions are using bail as a form of punishment. This practice, he insists, is illegal.
Mr. Iddrisu spoke at a funeral on Thursday, May 28, 2026. He accused security agencies and the courts of this behaviour. The Ghana Police Service, courts, and the Economic and Organised Crime Office (EOCO) were specifically named. He described their actions as "excesses." He said they deny bail or set conditions that are too harsh. This turns bail into a penalty, not a legal protection.
This situation is a growing concern within Ghana's legal system. The 1992 Constitution guarantees that people are innocent until proven guilty. Article 19(2)(c) of the constitution clearly states this. Furthermore, the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) has specific rules. Section 96(3) and (4) require bail conditions to fit the case. They must not be excessive or punishment. Mr. Iddrisu’s comments highlight a gap between legal principles and their application.
"Don’t deny an accused person bail or ask an accused person to pay excessively as a punishment," Mr. Iddrisu urged. "Every person is presumed innocent until after a fair trial." He stressed the need for reform. He wants institutions to act with fairness and restraint. "I expect that in Ghana today we must end the high-handedness and excessiveness in matters relating to bail and its denial and its charges," he stated.
His remarks are part of an ongoing public discussion. Legal experts and civil society groups have also raised concerns. They worry about restrictive bail conditions. Some accused persons remain in custody even when granted bail. This is due to conditions they cannot meet, like large cash payments or sureties. The Minister for the Interior, Muntaka Mohammed-Mubarak, has also spoken out. He has called for changes to fix problems in remand and bail processes. These shared concerns indicate a systemic issue within Ghana's justice administration.
The implications of these excessive bail conditions are significant. They can lead to wrongful detentions. This violates fundamental human rights. It also undermines public trust in the justice system. It can disproportionately affect poorer citizens. They are less likely to afford high bail amounts. This could lead to a two-tiered system of justice. Decision-makers in government and the judiciary will likely face pressure to act. Reforms aiming for fairer bail processes are now more likely. The public will watch closely to see if these issues are addressed effectively.