Lawyer Kpebu pushes for overhaul of Ghana's bail system to protect unregistered property owners

Prominent legal practitioner Martin Kpebu has raised serious concerns about Ghana's bail justification framework, warning that it creates an unjust burden for millions of property owners across the country whose land and buildings lack formal registration with state authorities.

The issue centres on how the bail system currently requires accused persons to provide tangible proof of asset ownership as surety—a requirement that disproportionately affects ordinary Ghanaians. In a nation where informal property ownership remains widespread, particularly in rural and urban informal settlements, Kpebu argues the existing mechanism effectively locks people out of the bail process simply because their homes and land fall outside the formal property registry.

The current system's impact on ordinary Ghanaians

Ghana's property registration system remains fragmented, with many citizens unable to access or afford the formal documentation process. Customary land ownership, family compounds, and informal urban settlements represent significant portions of Ghanaian property holdings, yet these often cannot be used as bail security under the present justification requirements. This creates a two-tier system where wealthier citizens with formally registered property can more easily secure bail, whilst poorer Ghanaians—regardless of their actual asset base—struggle to meet the criteria.

Kpebu's call for practical reforms acknowledges that the current approach does not reflect the reality of property ownership in Ghana. The system inadvertently penalises individuals in court proceedings based on their administrative status rather than their actual financial standing or flight risk.

What needs to change: Kpebu's reform agenda

The legal expert has advocated for reforms that would:

• Broaden the definition of acceptable property surety to include informal and customary land holdings with community or family verification
• Introduce alternative bail justification mechanisms that reflect actual wealth and ties to the community beyond formal documentation
• Streamline property registration processes to make formal documentation more accessible and affordable for ordinary Ghanaians
• Train judges and magistrates on recognising legitimate unregistered property claims in bail proceedings

Why it matters for Ghana's justice system

This issue strikes at the heart of access to justice in Ghana. Bail decisions should ideally reflect an individual's genuine flight risk and community ties, not their ability to navigate bureaucratic property registration systems. When millions of Ghanaians are structurally disadvantaged in bail proceedings, it undermines faith in the fairness of the criminal justice system.

The problem becomes more acute considering Ghana's ongoing efforts to improve property registration and formalise the economy. Until registration becomes universal and accessible, the bail system must adapt to accommodate the reality of how Ghanaians actually own property. Kpebu's intervention comes as courts increasingly grapple with questions about bail equity and whether current procedures comply with constitutional guarantees of fair trial rights.

Stakeholders including the Ministry of Interior, Judicial Service, and civil society organisations may need to collaborate on developing practical guidelines that balance the legitimate security interests of the court with fair access to bail for all Ghanaians, irrespective of their property documentation status.