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Twelve individuals facing trial for alleged crimes, including murder, have been discharged due to evidence indicating the state’s reluctance to prosecute their cases.
Some of these individuals, who have been in custody for nearly a decade, had appeared in court no more than four times since their arrest.
Ghana’s criminal justice system is founded on the respect for the human rights of suspects. Article 14 of Chapter 5 of the 1992 Constitution, which addresses human rights, focuses on the right to personal liberty.
Consequently, the law forbids depriving someone of their liberty except under conditions specified in Article 14 of the 1992 Constitution during arrest.
A person arrested must be brought before a court of competent jurisdiction within 48 hours. The court has the discretion to grant or deny bail. In cases of unreasonable delay in trial, Article 14(4) of the 1992 Constitution empowers the court to release the suspect either conditionally or unconditionally.
Despite these provisions, some individuals remain on remand without prompt prosecution of their cases.
To address this issue, the Judiciary launched the Justice for All program, holding hearings within selected prisons for inmates fitting this criterion to ensure they receive a hearing.
At the Nsawam Medium Prison facility, hearings were conducted for 24 inmates, resulting in 12 discharges, 10 grants of bail, and two bail denials.
Among those discharged was Kwabena Nyarko, arrested in July 2016 and remanded since then. Although granted bail in 2017 set at 50,000 Ghana Cedis, he could not meet the bail terms. Due to state prosecutors’ inaction, Justice Kofi Akuffo discharged him.
Another discharged individual was accused of stealing an Itel phone and unlawful entry. Granted bail at 40,000 Ghana Cedis with two sureties, he failed to meet the conditions and remained locked up for one year and one month without court appearance.
Kofi Afum, charged with murder, had been on remand since 2018 despite the Attorney General’s office advising his discharge.
Samuel Owusu Addo, remanded for nearly 11 years for alleged murder, saw his case dismissed as state prosecutors had no evidence regarding his case status or last court appearance. Justice Kofi Akuffo discharged him.
A 67-year-old man and a 51-year-old man were also discharged after spending seven and eight years, respectively, in Nsawam Prison without active prosecution.
Despite these issues, the judiciary reports a significant reduction in such cases since the Justice for All program’s introduction.
Meanwhile, prison officials are working to ensure similar cases go through the legal process.
The PoS Foundation, facilitators of the program, urge the cabinet to expedite consideration of the Community Sentencing Bill.
