Renowned private legal practitioner, Martin Kpebu, has lashed out at Ghana’s legal and judicial system, describing key aspects as outdated and lacking the needed reform to protect personal liberties.
Speaking on TV3’s talk show, The Key Points, on Saturday, Kpebu reiterated the need for swift changes in bail laws, the introduction of house arrest options, and the urgent depoliticization of judicial oversight.
He decried the outdated state of Ghana’s criminal code, particularly the Criminal and Other Offences Act of 1960 (Act 29), arguing that it no longer reflects the realities of contemporary society.
“Our laws are extremely archaic. How clairvoyant could they have been in 1960 to write laws for 2025? It’s absurd that we’re still governed by such outdated statutes,” he said.
Outdated legay system
Kpebu further pointed out the failure of previous efforts to reform these laws, including attempts led by former Justices such as V.C.R.A.C. Crabbe and Justice Brobbey, which fizzled out due to political inaction.
“We’ve had colloquia, symposia, white papers — but they never see the light of day. Politicians love to talk about change but rarely follow through,” he lamented.
Addressing recent concerns over perceived interference by the Attorney General in the Adu Boahene case when he asked for one-week custody of the accused at the EOCO cells, Kpebu was emphatic that without full access to proceedings, no objective conclusions could be drawn.
He said, “I wasn’t there in chambers, so I cannot speculate. Even the accused’s lawyer hasn’t disclosed what happened. In such a case, you give what we call a margin of appreciation to the judge.”
Reflecting on his track record, Kpebu stressed his major contributions to Ghana’s jurisprudence, particularly in matters of bail and personal liberty.
“I’ve taken three separate cases to the Supreme Court and won — from Kpebu No. 1 to Kpebu No. 4. We got the court to strike down illegal practices, including jailing sureties when accused persons absconded and the abuse of non-bailable offenses,” he recounted.
He criticized the continued use of outdated laws and called for the inclusion of alternative legal options such as house arrest, particularly for accused persons with stable residences.
“Why are we keeping someone with over 30 houses in EOCO cells when house arrest is an option? You wear an anklet; if you step out, it alerts the system. It’s long overdue,” he asserted.
The lawyer also took a swipe at political leaders and the judiciary for failing to push needed reforms. He cited a missed opportunity by Chief Justice Gertrude Torkornoo, who had previously called for reforms to reduce presidential influence over judicial discipline but had not initiated broad constitutional amendments since assuming office.
“When she was being vetted, she said the President should not discipline judges. Two years later, that same power is being used against her. If you get a big position, think forward!” Kpebu remarked.