In Ghana, the concept of bail is meant to ensure that accused individuals are given the opportunity to prepare for their trials while not posing a risk to society. However, the recent bail conditions imposed on certain individuals have sparked debate about the fairness and effectiveness of the system.
For instance, bail conditions such as GHC 800 million with 6 sureties for Osei Assiby Antwi have raised eyebrows, with many questioning whether this is a reasonable requirement. We all want looted money retrieved and punished. The question on everyone’s lips is: are we serious about ensuring justice is served, or are we inadvertently creating a system where only the wealthy can afford their freedom?
The issue at hand is whether bail bonds have become a form of punishment, denying accused persons their right to freedom before being proven guilty. The Constitution of Ghana guarantees the right to bail, except in certain circumstances. However, when bail conditions become prohibitively high, it can be argued that the accused is being punished before being found guilty.
The Purpose of Bail
The primary purpose of bail is to ensure that the accused appears in court to face trial. It is not meant to be a punitive measure. However, when bail conditions are set too high, it can have a disproportionate impact on certain individuals, particularly those from low-income backgrounds.
The Need for Reform
There is a need for reform in the bail system to ensure that it is fair and equitable for all. This could involve reviewing the bail amounts and the number of sureties required. Additionally, the courts could consider alternative forms of bail, such as non-cash bail or bail bonds, to make it more accessible to those who cannot afford it.
The bail system in Ghana needs to be re-examined to ensure that it serves its intended purpose. While it is essential to ensure that accused individuals appear in court, it is equally important to ensure that the system is fair and does not unfairly disadvantage certain individuals. By reforming the bail system, we can ensure that justice is served and that the rights of all individuals are protected.