It is three weeks since the country witnessed two important incidents related to abuse of the justice delivery system, and which I thought would generate some public reactions, notably from the quarters of the ruling National Democratic Congress (NDC).
But it seems there has been none, or at least no reaction publicly. And I wonder why.
I am referring to what I view as the historic double developments of Thursday, May 28, 2026, when Ghana’s political landscape experienced under different circumstances, and in different locations, two extremely significant and curiously related events.
One happened in Parliament House in Accra, and the other in Tamale: two high ranking members of the ruling National Democratic Congress (NDC), broke ranks with their party in a very emphatic and public way.
Firstly, in Parliament House, Interior Minister, Mohammed Mubarak Muntaka, forcefully decried the remand and bail conditions being implemented currently in the country.
Secondly, in remarks at a funeral in Tamale, Education Minister, Haruna Iddrisu, condemned in even more scathing terms what he described as the abuse of bail terms by some state institutions.
For the background, the following is a summary of the first occurrence:
“The Minister for the Interior, Muntaka Mohammed-Mubarak, has raised concerns over what he describes as the widespread abuse of remand procedures by both the police and the courts.
“He said in some instances, bail conditions imposed by the courts are excessively stringent, making it difficult for accused persons to meet them.
“Speaking on the floor of Parliament on Thursday, May 28, Mr. Muntaka indicated that the passage of the Community Service Bill would help address the challenge, reduce overreliance on remand, and ease congestion in prisons and police cells.
“I’ve been working with the Minister of Justice and Attorney General, Dr. Dominic Ayine, on the constitutional amendment that is currently ongoing, that we should make remand very restrictive because currently it is massively abused. With the least provocation, they say they’ve remanded somebody. You go to the police, and they remand people anyhow, (emphasis added).”
“He added: ‘Sometimes they give terrible bail conditions that people are not able to meet. We want to take the opportunity in this constitutional amendment to restrict this unnecessary remand. I’m sure that if we’re able to get these three things working together, it is going to help us to decongest our prisons ….’ (Myjoyonline.com, May 29, 2026).”
Next, the following are the blistering views of the Education Minister, expressed that same day:
“Member of Parliament for Tamale South and Minister of Education, Haruna Iddrisu, has strongly criticised what he described as the abuse of bail conditions and excessive actions by some state institutions, including the Police, the courts, and the Economic and Organised Crime Office (EOCO).
“Speaking on issues relating to justice delivery in Ghana, Haruna Iddrisu said the growing practice of denying accused persons bail or imposing harsh bail conditions amounts to punishment before trial, which goes against the principles of justice.”
(Mr. Iddrisu, himself a lawyer, was reportedly speaking at the funeral of his friend, Dr Mahama Sayibu, on May 28, in the Northern Region capital, Tamale.)
“In Ghana today, we have seen excesses; excesses from the Police, excesses from the Courts, excesses from EOCO denying persons bail and using bail as punishment for accused persons. That is not law!” (emphasis added) he stated.
“According to the former Minority Leader, Ghana’s laws and the Constitution are clear that accused persons are presumed innocent until proven guilty.
“He argued that bail should not be used as a tool to punish individuals who have not yet been convicted by a court of law ….”
“The lawmaker stressed that excessive bail conditions and prolonged detention undermine public confidence in the justice system.
“He called for fairness, professionalism, and respect for human rights in the work of law enforcement agencies and the judiciary ….
“Haruna Iddrisu further urged authorities to uphold the rule of law and ensure that justice is applied equally to all citizens, regardless of their political or social background, (emphasis added, The Ghana Report, May 29).”
And, conceivably, the two spoke for many Ghanaians.
Furthermore, Mr. Iddrisu’s memorable, acidic comment, “that is not law!” sums up vividly the injustice being perpetrated on some helpless suspects – apparently mostly for political reasons.
As I indicated, since May 28, I have been waiting for reactions from the NDC, whether in disagreement or in support of the bold opinions expressed so assertively by the two ministers.
Because there has been no public reaction, I wonder if that means the NDC agrees with the searing criticisms.
Undoubtedly, some of the harsh bail and remand applications smack of playing to the gallery, more for the approval of party foot soldiers than anything else. However, the other side of the coin is that such actions put question marks on the image of the governance systems; and undermine confidence in the legal system.
Surely, it can’t be acceptable to anybody when people lose confidence in a county’s justice delivery.
Nevertheless, the question is, why would an Interior Minister not have the power to intervene directly if he believes some actions under his ministry are wrong?
What I have also been wondering is, was it a mere coincidence that on the same day, Thursday, May 28, 2026, the two prominent members of the NDC happened to speak out on the controversial justice delivery implementation of recent times?
It may be argued that they could, and should, have spoken out earlier, notably because of their status, but as they took the unprecedented step of expressing vehement disagreement with their fellow NDC high-ups, I think they deserve commendation.
Clearly, it’s rare to have political party members, notably prominent ones, coming out publicly with views strongly opposing what is being done in the name of their government and party.
Still, the main question prompted by the dissenting positions, is whether the two Honourables have shared their concerns with President John Mahama. After all, if Mr. President happens to see their point, he has ways of correcting the wrongs, being the only person with the ‘veto power’ to put a stop to the draconian remand and bail practices.
And as far as I can see, it’s not a matter of the President’s inability to intervene because of the separation of powers. Last year, I noted with great interest, as doubtless others too did, that in December President Mahama was able to stop moves by some Parliamentarians to scrap the office of the Office of the Special Prosecutor.
It’s proof that evidently, when Mr. President wants to, he can and doesn’t hesitate to give direction! After all, the understanding is that governance actions, including justice delivery, are done in the name of the President.
In any case, if a Head of State or a President can’t signal his opposition to a course of action his appointees are undertaking, then what exactly is their power?
Of course, it could be that the two Honourables have discussed their concerns with their relevant colleagues and the President, but have not seen any positive response, hence their decision to go public.
However, it could also be that President Mahama has taken the criticisms in good faith, and has had a quiet word with the appropriate authorities to take note and revise their methods accordingly.
Nevertheless, whatever their party’s reaction, or lack of, in my opinion the two ministers deserve to be applauded for their stance and for sharing their criticisms and suggestions with the public.
Thus, in future, in the consideration of this controversial period of Ghana’s justice delivery systems, I believe that for speaking out, and especially for breaking ranks, history will be kind to Mr. Muntaka and Mr. Iddrisu.
By Ajoa Yeboah-Afari