By Daniel Bampoe
A growing debate over the use of remand and stringent bail conditions in the criminal justice system has taken a dramatic political turn, with two senior members of the John Mahama administration publicly criticizing what they describe as excessive bail conditions and the abuse of remand powers by state institutions.
The latest concerns, raised separately by Interior Minister, Muntaka Mohammed-Mubarak and Education Minister, Haruna Iddrisu, come at a time when the opposition New Patriotic Party (NPP) has repeatedly accused the National Democratic Congress (NDC) government of using state institutions to intimidate political opponents through arrests, remand orders, and what it describes as punitive bail conditions.
Addressing Parliament on Thursday, May 28, Interior Minister Muntaka Mohammed-Mubarak expressed concern about what he called the widespread abuse of remand procedures by both the police and the courts.
According to him, many accused persons are unnecessarily remanded into custody while others face bail conditions so severe that securing their release becomes practically impossible.
The Asawase MP revealed that discussions are already underway between his office and the Attorney-General and Minister for Justice, Dr. Dominic Ayine, as part of ongoing constitutional review efforts aimed at restricting the use of remand.
“I’ve been working with the Minister of Justice and Attorney General, Dr. Dominic Ayine, on the constitutional amendment that is currently ongoing, that we should make remand very restrictive because currently it is massively abused,” Muntaka told Parliament.
“With the least provocation, they say they’ve remanded somebody. You go to the police, and they remand people anyhow,” he added.
The Interior Minister further argued that some courts impose bail conditions that are virtually impossible for accused persons to satisfy.
“Sometimes they give terrible bail conditions that people are not able to meet. We want to take the opportunity in this constitutional amendment to restrict this unnecessary remand,” he stated.
According to him, reducing excessive remand practices would not only protect the rights of accused persons but also help decongest the overcrowded prisons and police cells.
He disclosed that government currently spends approximately GH¢40 million annually on feeding prison inmates, an amount he described as inadequate.
His remarks followed similar concerns expressed by Education Minister and Tamale South MP Haruna Iddrisu during the funeral rites of Dr. Mahama Sayibu.
The former Minority Leader accused some state institutions of increasingly using bail as a punishment rather than a legal safeguard designed to protect the rights of accused persons pending trial.
“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,” Haruna Iddrisu declared.
The veteran legislator reminded judicial and law enforcement authorities that Ghana’s legal framework is clear on the issue of bail.
Under Sections 96(3) and 96(4) of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), courts are required to impose reasonable bail conditions based on the specific circumstances of each case.
He also referenced Article 19(2)(c) of the 1992 Constitution, which guarantees every accused person the presumption of innocence until proven guilty.
“Don’t deny an accused person bail or ask an accused person to pay excessively as a punishment,” Haruna urged. “Every person is presumed innocent until after a fair trial.”
The comments have attracted significant attention because they mirror concerns repeatedly raised by the NPP over the past several months regarding the treatment of opposition politicians, communicators, and activists under the current administration.
Since the NDC returned to power in January 2025, the NPP has consistently accused the government of weaponizing state institutions against opposition voices. Party officials point to several high-profile arrests involving NPP figures, including Bono Regional Chairman Kwame Baffoe, popularly known as Abronye DC; Ashanti Regional Chairman Bernard Antwi-Boasiako, known as Chairman Wontumi; former Ghana Airports Company Board Chairman Paul Adom-Otchere; NPP communicator Baba Amando; David Essandoh; Adenta Kumi; and several social media commentators perceived to be sympathetic to the opposition.
The case of Abronye DC has become particularly symbolic in the opposition’s campaign against what it calls political persecution.
The outspoken NPP Bono Regional Chairman spent several days in National Intelligence Bureau custody after being charged with publication of false news and offensive conduct following comments he allegedly made about a Circuit Court judge in a viral social media video.
His bail application at the Circuit Court was initially refused, with the presiding judge reportedly ruling that there was a likelihood he could commit similar offences if released.
The decision sparked outrage within the NPP, which argued that the ruling effectively punished Abronye for what he might say in the future rather than for any offence already proven in court.
The controversy intensified after the Accra High Court later granted Abronye bail in the sum of GH¢100,000 with two justified sureties, prompting opposition leaders to question why he had been held for days in custody in the first place.
The NPP has also complained about what it describes as excessive bail terms imposed on some of its members and supporters, arguing that the conditions often appear designed to keep accused persons in custody despite technically being granted bail.
Several senior NPP figures, including Minority Leader Alexander Afenyo-Markin, General Secretary Justin Kodua Frimpong, and the party’s 2028 flagbearer Dr. Mahamudu Bawumia, have repeatedly warned that the alleged use of arrests, remand orders, and stringent bail conditions against political opponents undermines the democratic credentials.
Dr. Bawumia has described recent developments as an “assault on fundamental freedoms,” while the Minority Caucus has accused sections of the security services and judiciary of collaborating to intimidate opposition voices.
The NPP has gone further to caution that the precedents being set today could have consequences for Ghana’s future democratic culture.
Several party officials have openly warned that if state institutions continue to be used to target political opponents, future governments may be tempted to apply similar tactics against their rivals, creating a dangerous cycle of political retaliation.
