Legal practitioner argues immovable property bail conditions are unconstitutional and discriminatory

In a legal paper published on The Law Platform on July 27, 2026, Adjei argues that this practice transforms the constitutional right to bail into a privilege for the wealthy, undermining equality before the law and creating a "wealth-based dual justice system." He cites data from the Ghana Statistical Service indicating that few Ghanaians own officially registered landed property, making it difficult for many accused persons to meet bail conditions despite being presumed innocent. Adjei asserts that the practice violates provisions of the 1992 Constitution, including rights to personal liberty, equality, and freedom from discrimination, and is inconsistent with international human rights instruments like the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights.

He proposes reforms to Ghana's bail system, including a shift to risk-based assessments over property-based bail, documented assessments of an accused person's financial circumstances, and expanding acceptable bail securities to include verifiable movable assets and character sureties. Adjei also suggests exploring biometric and digital monitoring technologies and urges Parliament to enact legislation governing bail, with the Chief Justice issuing uniform gu