In line with contributing to the development of the administration of justice, these pages have concentrated on highlighting problems afflicting the criminal justice system, especially in areas where they conflict with human rights standards.
As always, given that column space is at a premium, the weekly articles by default focus on what, in our opinion, deserves priority introspection.
In light of this, the casting of lots this week fell on two issues: delays in the criminal justice system and the vexed question of bail.
These pages have continually and unapologetically focused on the negative effects of delay in the administration of criminal justice.
An aspect of the delay that has caught our attention currently is the length of time the authorities expend on criminal investigation — in this instance, the investigation and possible prosecution of suspects in the fracas that occurred during the 'Save the Judiciary’ demonstration staged by the opposition New Patriotic Party (NPP) on May 5, 2025.
There were accusations and counteraccusations of assault between some of the policemen detailed to police the demonstrations and Afenyo-Markin, the Minority Leader of the NPP.
Recently, the Criminal Investigations Department (CID) of the Ghana Police Service issued a statement that investigations have concluded and the docket has been forwarded to the office of the Attorney General for review.
Question
The obvious query is: why has it taken the better part of six months to investigate this matter? The incident was captured on video.
All that was needed was to analyse the footage with a view to identifying any assault allegations, if any.
The mind boggles as to why it took experienced investigators almost six months to unravel what took place.
Such a delay in concluding as to whether the police assaulted the Honourable Minority Leader or vice versa feeds into negative perceptions that there are different and parallel methods of police investigations when the actors are people in high places.
The question is: would the investigations have taken that long if it involved an ordinary person? Many of the commentators on social media are answering that question with a resounding NO!
This is a prime example of the recurring problem of unreasonable delay, which offends the Constitutional right of speedy investigations.
The Deputy Attorney General has acknowledged receipt of the docket and stated that it is under consideration as to whether any prosecutions will be effected.
That review entails the consideration of several factors, including the strength of the evidence and whether it is in the public interest to prosecute.
We await that decision, but the point being forcefully made here is that, irrespective of the personalities involved, the principle of non-discrimination in the administration of justice should always trump all other considerations as it is at once paramount and sacrosanct.
Issue
The other issue that is trending regarding the criminal justice system is the mechanics of granting bail — excessive bail conditions, to be precise.
Part of the ‘resetting’ agenda of the current government has rightly singled is in the public interest to prosecute.
We await that decision, but the point being forcefully made here is that, irrespective of the personalities involved, the principle of non-discrimination in the administration of justice should always trump all other considerations as it is at once paramount and sacrosanct.
Issue
The other issue that is trending regarding the criminal justice system is the mechanics of granting bail — excessive bail conditions, to be precise.
Part of the ‘resetting’ agenda of the current government has rightly singled out the prosecution of corrupt officials of the erstwhile government. Most citizens are in support, for obvious reasons, not least the desire to protect the public purse.
In furtherance of that stance, some party apparatchiks of the previous government have been arrested and charged.
However, the excessive bail conditions of some of them have generated controversy. Many are of the opinion that the bail conditions are excessive, harsh, and impractical, thereby weaponising the granting of bail and making it punitive.
Notable personalities, such as Chairman Wontumi, Osei Assibey Antwi, and Gifty Oware Mensah, remained in custody after securing bail due to the excessive monetary bail conditions.
The high monetary bail conditions may be premised on the flight risk following from the seriousness of the charges.
Without a doubt, there is a clear tension between the right to liberty and the presumption of innocence.
Also, between the state’s legitimate interest in prosecuting crime and the fair trial rights of the accused. Given that the Constitution and the Criminal Code provide that bail should not be excessive and harsh, we suggest that the prosecuting authorities deploy internationally accepted bail conditions that mitigate against flight risk (like depositing of passports, regular police reporting, use of electronic tags, etc.) to regulate the granting of bail.
That way, we would not have the situation where the former Mayor of Kumasi, Sam Pyne, can boldly come out to say the next NPP government will insist on accused persons using Jesus Christ as their surety. Adieu!
The writer is a lawyer.
E-mail: georgebshaw1@gmail.com
