Minister for Education and Member of Parliament for Tamale South, Haruna Iddrisu, has decried the growing concerns about abuse of power by some state agencies, describing it as an affront to the rule of law.
The Member of Parliament who remains one of the longest serving members of Parliament averred that the manner in which some state institutions handle bail conditions of accused persons should not be encouraged, noting that such actions are contrary to what has been spelt out in the 1992 Constitution.
Speaking at the funeral rites of Dr Mahama Sayibu on Thursday, May 28, 2026, the senior NDC lawmaker accused the Ghana Police Service, the courts, and the Economic and Organised Crime Office (EOCO) of using bail as a punitive tool rather than a legal safeguard.
“In Ghana today, we have seen excesses; excesses from the Police, excesses from the Court, excesses from EOCO denying persons bail, and using bail as punishment for accused persons. That is not law,” he said.
According to him, it is a settled legal principle that accused persons should not be arbitrarily denied bail or subjected to excessively harsh conditions, adding that such practices contradict Ghana’s constitutional and statutory provisions.
Under Section 96(3) and (4) of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), bail conditions must be determined concerning the circumstances of each case and must not be excessive or punitive. Article 19(2)(c) of the 1992 Constitution also guarantees the presumption of innocence until proven guilty, reiterating that this principle must be reflected in practice.
“Don’t deny an accused person bail or ask an accused person to pay excessively as a punishment,” he urged, adding that “Every person is presumed innocent until after a fair trial.”
Mr Iddrisu further called for systemic reforms and urged all institutions involved in the administration of justice to exercise restraint and fairness in the use of bail conditions.
“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 situate the argument of the Minority caucus in its proper context. It is recalled that the Minority leader, Osahen Alexander Kwamena Afenyo-Markin, has hit hard on some state institutions that have allegedly weaponised their institutions against some members of the opposition party, setting what he describes as “unreasonable” bail conditions for accused persons, mostly members of the New Patriotic Party.
There is a growing public debate over bail practices in Ghana, with legal commentators and civil society voices expressing concern about restrictive conditions that leave some accused persons in custody despite being granted bail.
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