Grant of Bail in Murder Cases in Ghana.

Abstract

Until the recent decision of the Supreme court of Ghana in the case of Martin Kpebu v The Attorney General of Ghana, Ghanaian courts were not granting bail to accused persons charged with the offence of murder in his trial and other first degree felony offences such as rape, treason, robbery, subversion, hijacking, piracy or escape from lawful custody in accordance with section 96(7) of the criminal procedure Act 1960 Act 30. This article examines the recent decision of Supreme Court of Ghana on the above subject matter. The statutory provision before the Supreme Court of Ghana decision was indicated under section 96(7) (a) of the criminal procedure Act 1960 Act 30 as amended in 2002 provided that a court shall refuse to grant bail in a case of act of terrorism, treason, subversion, murder, robbery, offences listed in Part I and Part II of the Narcotic Drug (control Enforcement and sanctions) law 1990 PNDCL 236) hijacking, rape, piracy, escape from lawful custody. Section 96(7) (b) of the criminal procedure Act 1960 Act 30 further provides that a court shall refuse to grant bail where a person is being held for extradition to a foreign country. This article examines the mandatory statutory provision under Act 30. In a majority 5-2 decision of the supreme court of Ghana on 5th May 2016 held that the laws were unconstitutional because it was inconsistent with article 14(3) and(4) of Ghanaian 1992 constitution and therefore null, void and of no effect.