Restrain security agencies from setting bail conditions without court-Citizen drags AG to SC

A Ghanaian citizen, Sophia Kokor, has filed a constitutional action at the Supreme Court seeking to restrain security agencies from setting bail conditions for persons in custody without the involvement of a court.

The suit, filed against the Attorney-General, invokes the original jurisdiction of the Supreme Court under Articles 2(1) and 130(1) of the 1992 Constitution and Rule 45 of the Supreme Court Rules, 1996, C.I. 16.

Kokor is asking the apex court to declare that, on a proper interpretation of Articles 14(1), 14(3) and 19(2)(c) of the Constitution, only a court of competent jurisdiction can grant bail and set bail conditions, whether in respect of anticipatory bail or post-arrest bail.

Her case directly challenges the practice where police officers or other security agencies impose bail conditions on persons invited, arrested, or held during investigations, whether as suspects, persons of interest, or witnesses.

According to the writ, the constitutional right of an arrested person to be released within 48 hours, unless brought before a court, is not subject to conditions set by the arresting authority. The plaintiff contends that no arresting body, including officers of security agencies, has constitutional authority to determine bail conditions for persons suspected of committing, or being about to commit, an offence.

She is also challenging section 15(2) of the Criminal and Other Offences (Procedure) Act, 1960, Act 30, arguing that the provision is inconsistent with Articles 14(3) and 19(2)(c) of the Constitution. She is asking the Supreme Court to strike it down.

In addition, the plaintiff wants the court to order all officers exercising police powers to indicate clearly in invitation letters whether a person is being invited as a suspect, person of interest, or witness. She argues that this would help such persons take steps to procure anticipatory bail where necessary.

The writ also raises a wider criminal justice reform issue, urging state agencies exercising police powers to adopt video-recorded interviews to support the spirit of the 48-hour rule and reduce custodial handling of persons assisting investigations.

The plaintiff is further seeking a perpetual injunction restraining security agencies and all persons exercising police powers from setting bail conditions without court involvement for persons brought into custody during investigations.

The writ was filed on May 19, 2026, at Robert Smith Law Group, Octagon Building, Accra. Bobby Banson Esq. is listed as solicitor for the plaintiff.

The Attorney-General, named as defendant, is required to file a statement of case within 14 days after service of the plaintiff’s statement of case.