GBA President calls for reasonable, proportionate bail conditions

President of the Ghana Bar Association (GBA), Efua Ghartey, has called on investigative and prosecutorial authorities to ensure that bail conditions imposed on suspects are reasonable, proportionate, and consistent with the law.

Speaking at the Ghana Bar Association Conference 2026/27 in Ada on Monday, September 14, Mrs Ghartey said such conditions must comply with Article 14 of the 1992 Constitution, which safeguards the rights of persons who have been arrested or detained.

Her remarks formed part of discussions at the conference, which was held under the theme, “150 Years of Ghana’s Legal Evolution: Transforming the Profession and Driving its Future with Industry.”

Mrs Ghartey stressed that bail conditions should reflect the circumstances of each case and must not be excessive, particularly given the constitutional principle that an accused person is presumed innocent until proven guilty.

“Bail conditions imposed by investigative and prosecutorial authorities should always conform to the requirements of Article 14 of the 1992 Constitution and must be reasonable. It must also be proportionate and consistent with the presumption of innocence,” she said.

She further proposed the establishment of a Human Rights Watch Committee within the legal profession to monitor compliance with Article 14 and other human rights provisions of the Constitution.

According to Mrs Ghartey, such a committee could provide greater assurance to citizens that their rights would be protected when they come into conflict with the law.

She said the committee could be particularly useful in cases involving the arrest and detention of social commentators and TikTokers, where questions of due process and access to legal assistance may arise.

“It has been suggested that for the proper monitoring of Article 14 and other human rights provisions in the Constitution, a Human Rights Watch Committee ought to be considered to give the citizenry some assurance that in cases, for instance, where social commentators have been arrested, the TikTokers, the committee will be able to give the requisite legal aid to suspects,” she said.

She said this would strengthen public confidence in the protection of fundamental human rights and the administration of justice.

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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.