Lawyer explains why some bail conditions violate equality and personal freedom

Private legal practitioner Jennifred Maurice Adjei has argued that the common practice of requiring accused persons to provide immovable property as a condition for bail is unconstitutional and discriminatory, saying it unfairly disadvantages poor Ghanaians.

In a legal paper published on The Law Platform on July 27, 2026, Adjei contended that the requirement for landed property secured by title deeds or land certificates effectively turns the constitutional right to bail into a privilege reserved for the wealthy.

According to the lawyer, the practice undermines the principles of equality before the law and creates what he describes as a "wealth-based dual justice system."

"The practice of the court that requires immovable property in the nature of landed property secured by title deeds or land certificates in order to execute criminal bail in Ghana is examined in this legal argument," he wrote.

He argued that while bail is intended to balance the state's interest in administering justice with an accused person's right to personal liberty, the routine demand for immovable property as security places an unfair burden on those who do not own land.

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Citing data from the Ghana Statistical Service, Adjei maintained that only a small proportion of Ghanaians own officially registered landed property, leaving many accused persons unable to satisfy bail conditions despite being presumed innocent under the law.

He further argued that the practice violates several provisions of the 1992 Constitution, including the right to personal liberty, equality before the law and freedom from discrimination.

The paper also references the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), as well as judicial decisions, including Martin Kpebu v Attorney-General and Gorman v The Republic, to support the argument that bail conditions should not be determined by an accused person's wealth.

According to Adjei, requiring landed property as a prerequisite for bail effectively criminalises poverty by prolonging the detention of accused persons who cannot meet such conditions.

"It is an unlawful violation and systematic discrimination against accused persons, particularly those who are poor, for Ghanaian judges to commonly require immovable property guaranteed by land certificates or title documents as a prerequisite for criminal bail," he stated.

He argued that the practice creates an unauthorised dual justice system in which affluent accused persons are able to secure their release quickly, while poorer suspects remain in prolonged pre-trial detention for similar offences.

Adjei further contended that the practice is inconsistent with Ghana's obligations under international human rights instruments, including the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights (ICCPR).

To address what he describes as systemic discrimination, Adjei proposed several reforms to Ghana's bail system.

Among his recommendations is a shift from property-based bail to a risk-based assessment that focuses on whether an accused person is likely to abscond rather than on their financial status.

He also called for judges and magistrates to conduct documented assessments of an accused person's financial circumstances before imposing bail conditions involving money or property.

The lawyer further proposed expanding the range of acceptable bail securities under Act 30 to include verifiable movable assets such as registered vehicles, livestock and financial assets, including bank accounts and mobile money wallets.

He also suggested that courts rely more on character sureties from employers, community leaders, recognised religious leaders and family heads instead of insisting on land title documents.

In addition, Adjei recommended exploring biometric and digital monitoring technologies to reduce flight risk while avoiding the detention of accused persons solely because they lack property.

He further urged Parliament to enact legislation governing the grant of bail rather than leaving the matter largely to judicial discretion.

The lawyer also called on the Chief Justice to issue a Practice Direction to establish uniform guidelines for the grant of bail across the country's courts.