Speaking on JoyNews' AM Show, Kwarteng argued that while the law allows investigators and courts to grant bail with conditions, those conditions should not be so demanding that they effectively amount to punishment before a person has been tried. He maintained that bail is intended to secure an accused person's appearance before the courts—not to keep suspects in custody through impossible conditions.
Kwarteng pointed to the recent detention of private legal practitioner Martin Kpebu, who was granted bail by the Office of the Special Prosecutor (OSP) under conditions that required proof of landed property and a justified surety. According to Kwarteng, the circumstances demonstrated what he described as the "weaponisation" of bail, particularly because Kpebu has long been an advocate for bail reforms and previously challenged Ghana's bail laws in court.
"I don't think a fair-minded person will say that bail has not been weaponised in this country," Kwarteng said, arguing that some recent bail conditions appear excessive and inconsistent with the principle that accused persons are presumed innocent until proven guilty.
The comments have reignited a broader national discussion about the balance between protecting the rights of suspects and ensuring they remain available for investigations and trial. Under Ghanaian law, courts and investigative agencies may impose bail conditions based on factors such as the seriousness of the alleged offence, the likelihood that a suspect may abscond, and the need to protect witnesses or preserve evidence. Legal experts, however, have repeatedly stressed that bail should not be used as a punitive measure before conviction.
The Office of the Special Prosecutor has defended its handling of recent cases, maintaining that its decisions are guided by law and the specific circumstances of each investigation. Meanwhile, legal practitioners and civil society groups continue to debate whether some bail conditions imposed in high-profile cases are reasonable or unnecessarily restrictive.
As discussions continue, the issue has become part of a wider conversation about judicial fairness, due process, and public confidence in Ghana's criminal justice system.
Kwasi Kwarteng's assertion that "bail has been weaponised in Ghana" has added momentum to the ongoing national debate over bail conditions and the administration of justice. While opinions remain divided, the controversy highlights the need for a justice system that protects constitutional rights while ensuring accountability. Ultimately, maintaining public confidence will depend on bail decisions being applied consistently, proportionately, and in accordance with the rule of law.