A fresh constitutional case filed at the Supreme Court is set to test the extent of police powers in Ghana, particularly the widespread practice of security agencies setting bail conditions for suspects and persons invited for investigations.
In a writ invoking the original jurisdiction of the Supreme Court under Articles 2(1) and 130(1) of the 1992 Constitution, Sophia Kokor, a Ghanaian citizen residing in Labone, Accra, is seeking sweeping declarations that could significantly reform how arrests, detentions, and bail are handled in the country.
The suit, filed on 19th May 2026 by lawyer Bobby Banson of Robert Smith Law Group, argues that only courts of competent jurisdiction have the power to grant bail and set bail conditions — whether anticipatory or post-arrest.
The plaintiff contends that police and other security agencies setting bail amounts and conditions violate key fundamental human rights provisions in the Constitution, particularly Article 14 (personal liberty) and Article 19 (fair trial rights).
Key highlights of the reliefs sought include:
- A declaration that the constitutional 48-hour rule (Article 14(3)) is absolute and cannot be conditioned on the suspect meeting police-imposed bail terms.
- That police setting bail conditions for suspects, “persons of interest,” or even witnesses is unconstitutional.
- That Section 15(2) of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) is inconsistent with the Constitution and should be struck down.
- A call for the mandatory use of Video Recorded Interviews (VRI) during investigations to reduce prolonged custody.
- An order compelling security agencies to clearly state in invitation letters whether a person is being invited as a suspect, person of interest, or witness.
The suit also seeks a perpetual injunction restraining all security agencies from setting bail conditions without court involvement.
This case comes amid growing public concern about arbitrary arrests, prolonged detention at police stations, and what many describe as “police bail” — a practice where officers demand money or conditions before releasing individuals.
Legal analysts suggest that if the Supreme Court rules in favour of the plaintiff, it could lead to a major overhaul in criminal procedure in Ghana, potentially shifting more power to the judiciary and reducing police discretion in the early stages of investigations.
The Attorney-General has been served and has 14 days to file a response.
