By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Starr FmStarr FmStarr Fm
  • Home
  • Election Hub
  • General
    GeneralShow More
    Accra Floods: Put away the politics and help those in need – Alhaji Amin appeals for corporate support
    July 3, 2026
    Alleged romance scam: Lawyers for Abu TRICA file emergency application to halt extradition to US
    July 3, 2026
    One in three young Ghanaians screened needed mental health support, Snuggli Health Report finds
    July 3, 2026
    EPA eyes redeployment of idle patrol boat to tackle water pollution and illegal activities on waterways
    July 2, 2026
    Eastern Regional Minister directs Assemblies to fully enforce land use regulations to end recurring flood disaster
    July 2, 2026
  • Business
    BusinessShow More
    First winners of ‘Buy Galaxy, Score Big’ rewarded
    July 1, 2026
    GIADEC signs €300M MOU with Danieli to develop Aluminum Foil Plant in Tema Integrated Industrial Park
    June 26, 2026
    BoG trains journalists on monetary policy, warns misinformation threatens economic stability
    June 26, 2026
    Goldbod to buy 30% output of all large scale mining company in Ghana, effective July 1
    June 25, 2026
    Save The Forest Alliance commends Sammy Gyamfi over Tano Nimiri Forest restoration initiative
    June 17, 2026
  • Politics
    PoliticsShow More
    Okai Mintah declares bid for NDC National Youth Organizer
    July 2, 2026
    Amin Adam backs Sylvester Tetteh for NPP General Secretary race
    July 2, 2026
    NPP race: Dr Bawumia wishes Sly Tetteh well
    July 2, 2026
    North East NPP Aspirant: ‘I’m battle-tested to deliver
    July 1, 2026
    Flooding is a national issue; let’s fix it together – Bawumia
    June 30, 2026
  • Entertainment
    EntertainmentShow More
    Samsung Ghana powers culture and creativity at 2026 UG All Dance Carnival
    July 1, 2026
    Ghana Music Awards USA, WatsUp TV partner to amplify Ghanaian music on the global stage
    June 25, 2026
    WatsUp On Campus: Stonebwoy rocks UniMAC-IJ’s first-ever artiste night
    June 16, 2026
    itz Tiffany teases new anthem “Money” ahead of June 17 release
    June 12, 2026
    I am producing a new hit campaign song for NPP and Dr Bawumiah – Appietus
    June 6, 2026
  • Sports
    SportsShow More
    Morocco, Paraguay and Brazil march into FIFA World Cup Round of 16
    June 30, 2026
    Amb Ibrahim Yaghi transforms Asokwa Interchange into giant fan zone for Black Stars matches
    June 25, 2026
    Partey returns as Queiroz hints at major changes for Ghana’s clash with England
    June 23, 2026
    Messi breaks World Cup scoring record with brace against Austria
    June 23, 2026
    Yirenkyi’s last-gasp heroics lift Ghana as Black Stars edge Panama in World Cup Opener
    June 18, 2026
  • Technology
    TechnologyShow More
    GIMPA Tech Fair held as Samsung brings ‘Awesome Experience’ to event
    July 1, 2026
    Siniat joins ITALKOL and PIXEL PAINTS portfolio as ITALKOL celebrates a decade of industry impact
    June 23, 2026
    Child Rights International calls for ban on social media use for children under 17 in Ghana
    June 20, 2026
    Samsung Ghana expands access to AI-powered mobile experiences with the Galaxy A series
    June 2, 2026
    KNUST hosts FemSTEM Africa 2026 to empower the next generation of women health innovators
    June 2, 2026
  • International
    InternationalShow More
    Alleged romance scam: Lawyers for Abu TRICA file emergency application to halt extradition to US
    July 3, 2026
    Child Rights International calls for ban on social media use for children under 17 in Ghana
    June 20, 2026
    AG meets US Department of Justice over law enforcement cooperation
    June 18, 2026
    15 Countries adopt Mombasa Declaration to boost fisheries transparency and combat illegal fishing
    June 18, 2026
    Cape Verde stun Spain with historic draw in FIFA World Cup debut
    June 15, 2026
  • Factometer
Search
© 2024 EIB Network Ltd. All Rights Reserved.
Reading: AG sued over Security Agencies exercising discretionary power to grant bail; Supreme Court urged to declare act as unconstitutional
Share
Notification Show More
Font ResizerAa
Starr FmStarr Fm
Font ResizerAa
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Search
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Have an existing account? Sign In
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
GeneralHeadlines

AG sued over Security Agencies exercising discretionary power to grant bail; Supreme Court urged to declare act as unconstitutional

A Ghanaian citizen has filed a suit at the Supreme Court seeking to stop security agencies from imposing bail conditions without court approval.

Murtala Inusah By Murtala Inusah Published May 22, 2026
Share
Deputy Attorney General presents documents in GH¢49 million NSB case
Dominic Akuritinga Ayine - Attorney General
SHARE

A Ghanaian citizen, Sophia Korkor, has sued the Attorney General at the Supreme Court, seeking, among other things, a declaration that the conduct of the Police and officers of security agencies in setting bail conditions for persons invited for investigation be declared unconstitutional.

The Plaintiff is also seeking an order of perpetual injunction restraining security agencies from setting bail conditions without court involvement for suspects, persons of interest, or witnesses.

The writ, which invokes the original jurisdiction of the Supreme Court pursuant to Articles 2(1) and 130(1) of the 1992 Constitution and Rule 45(1) and (2) of the Supreme Court Rules, was filed on May 20, 2026, by the Plaintiff through her lawyers at Robert Smith Law Group led by Bobby Banson Esq.

The writ seeks 10 major reliefs comprising seven declaratory reliefs and three orders.

The crux of the Plaintiff’s action is to challenge the constitutionality of the conduct of the Police and other security agencies in setting bail conditions for persons under investigation prior to those persons being arraigned before a court of competent jurisdiction.

It is the contention of the Plaintiff that the facts of the present action are not in dispute.

The Plaintiff, therefore, does not intend to call any witnesses of fact in respect of her claim.

The Plaintiff, by her writ, is urging the Apex Court to invoke the time-honoured practice of the Court in making a determination of such matters of constitutional interpretation based on the statements of case filed by the respective parties.

The Plaintiff is essentially inviting the Apex Court to take judicial notice of the practice of personnel of State Agencies—the Ghana Police Service, Economic and Organised Crime Office (EOCO), Bureau of National Investigations (BNI), and National Security (NS)—who are neither judges nor magistrates, exercising the discretion to set bail conditions for persons involved in investigations for allegations of crime once such persons come into their custody, be they suspects, persons of interest, or witnesses.

The Attorney General is sued in his capacity as the principal legal adviser to the Government of Ghana pursuant to Article 88(1) of the 1992 Constitution, and as the proper person against and on behalf of whom an action may be instituted on behalf of the State pursuant to Article 88(5) of the 1992 Constitution of Ghana and Section 9(1) of the State Proceedings Act, 1998 (Act 555), and more particularly because an allegation of unconstitutionality is in issue.

Reliefs Sought

i. A declaration that on a true and proper interpretation of Article 14(1)(a,)(c) (g), Article 14 (3) and Article 19 (2) (c) of the 1992 Constitution, it is only a court of competent jurisdiction that can grant bail to a person on conditions set by the court, be it anticipatory bail or post-arrest bail.

ii.A declaration that on a true and proper interpretation of Article 14(1) (a,) (c) (g), Article 14 (3) and Article 19 (2) (c) of the 1992 Constitution, the right of a person to be released within 48 hours of arrest, unless brought before a court of competent jurisdiction is unequivocal and not subject to said person meeting conditions set by the arresting entity or person.

iii. A declaration that on a true and proper interpretation of Article 14 (1)(a) (c) (g), Article 14 (3) and Article 19 (2) (c) of the 1992 Constitution no arresting body including officers in a security agency in Ghana, has the authority to exercise discretion in determining the bail conditions of persons suspected of having committed or about to commit a crime.

iv. A declaration that on a true and proper interpretation of Article 14 (1) (a) (c) (g), Article 14 (3), Article 19 (2) (c) of the 1992 Constitution, the conduct of police or officers of security agencies setting bail conditions for persons invited in investigations whether as suspects, persons of interest or witnesses is unconstitutional.

v. A declaration that on a true and proper interpretation of Article 296 (c) of the 1992 Constitution, an arresting officer of any security agency cannot exercise a discretion to set bail conditions in the absence of any Constitutional Instrument or Statutory Instrument that governs the exercise of such discretion to determine bail conditions.

vi. A declaration that on a true and proper interpretation of Article 19 (2) (c) read together with Article 14(3) in this digital age, the State agencies exercising police powers ought to use Video Recorded Interviews (VRI) to facilitate realisation of the spirit of the 48-hour rule and to prevent conditions that conduce to custodial dealings with persons helping in investigations.

vii. A declaration that the provisions of section 15 (2) of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) is inconsistent with and contravenes the spirit and letter of Article 14 (3) and Article 19 (2) (c) of the 1992 Constitution.

viii. An order striking down the provisions of section 15 (2) of the Criminal and
Other Offences (Procedure) Act, 1960 (Act 30) as being inconsistent with and contravening the spirit and letter of Article 14 (3) and Article 19 (2) (c) of the 1992 Constitution.

ix. An order directed at all officers exercising police powers to comply with the spirit of Article 19(2)(c) by indicating in their invitation to persons required in investigation whether they are invited as suspects, persons of interest or witnesses to facilitate the procurement of anticipatory bail by any such person.

c. An order of perpetual injunction restraining Security Agencies, including all persons exercising police powers, from setting of bail conditions without the court’s involvement for persons brought within their custody in investigations whether as suspects, as persons of interest, or as witnesses

Source: Starrfm.com.gh

You Might Also Like

Accra Floods: Put away the politics and help those in need – Alhaji Amin appeals for corporate support

Alleged romance scam: Lawyers for Abu TRICA file emergency application to halt extradition to US

One in three young Ghanaians screened needed mental health support, Snuggli Health Report finds

EPA eyes redeployment of idle patrol boat to tackle water pollution and illegal activities on waterways

Eastern Regional Minister directs Assemblies to fully enforce land use regulations to end recurring flood disaster

TAGGED:Attorney GeneraleocoGhana Police ServiceNational securitySupreme Court
Share This Article
Facebook Twitter Email Print
Share
Previous Article QNET, Manchester City hold a football training programme for young talents in Accra
Next Article C/R: 4-month-old baby among three killed in fatal crash at Gomoa Akoti junction

Starr 103.5FM

Starr FmStarr Fm
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
newsletter icon
Join Us!

Subscribe to our newsletter and never miss our latest in news, podcasts etc..

[mc4wp_form]
Zero spam, Unsubscribe at any time.
adbanner
AdBlock Detected
Our site is an advertising supported site. Please whitelist to support our site.
Okay, I'll Whitelist
Welcome Back!

Sign in to your account

Lost your password?