Mike Ocquaye, the former Speaker of Parliament, has emphasized the need for a fresh approach to granting bail in Ghana, stating that the current system does not align with developmental goals and should be amended.
Speaking at a lecture titled “Consolidating Democracy and the Rule of Law in Contemporary Ghana” held at the Takoradi Technical University, Ocquaye highlighted the Supreme Court’s ruling in the case of Martin Kpebu vs. Attorney General, which he believes has opened the floodgates for bail applications.
“The Supreme Court’s interpretation of the provisions in the 1992 Constitution has essentially made bail accessible for nearly every offense in Ghana. In my opinion, this approach is not conducive to development and must be revised,” Ocquaye expressed.
He called for the establishment of a new regime that adopts a different approach to bail, particularly in cases involving economic sabotage, such as illegal mining (galamsey). Ocquaye argued that offenses that undermine the country’s economic resources, including gold, oil, and lithium, and impede recovery efforts, should be treated differently in terms of bail considerations.
“In light of the stark reality of economic sabotage, as evident in the galamsey issue, we need to adopt a fresh approach to granting bail. Offenses that have economic implications and jeopardize our resources and recovery efforts should be identified and addressed accordingly,” he emphasized.
Ocquaye’s remarks reflect a growing sentiment among some legal and political figures in Ghana who believe that the current bail system needs to be reevaluated to align with the country’s developmental objectives. The aim is to strike a balance between ensuring individuals’ rights and protecting the nation’s resources and progress.
As discussions surrounding bail reform continue, stakeholders will need to explore potential revisions to the existing system, taking into account the complexities of various offenses and their impact on Ghana’s economic growth and stability.
