JFAP holds pre-trial sitting at Kumasi Prison, discharges 4 remand prisoners

The Justice for All Programme has held a special in-prison court sitting at the Kumasi Central Prisons, reviewing dozens of long-pending remand cases under the supervision of Court of Appeal judge Justice Afia Serwaa Asare-Botwe.

Over the course of the sitting, the court took up 41 pre-trial matters, including cases of murder, manslaughter, conspiracy to commit robbery, stealing and other serious offences.

At the end of proceedings:

Four remand prisoners were discharged

Fifteen were granted bail

One inmate was referred for psychiatric assessment and treatment

Three cases were dismissed

Nine inmates were convicted

Twelve applications for bail or variation of bail were refused, as their ongoing cases already had bail terms the court considered appropriate

The sitting forms part of the Justice for All Programme (JFAP), introduced to give practical effect to Article 14(4) of the 1992 Constitution, which requires that persons not tried within a reasonable time should be considered for release on appropriate conditions. The initiative is also aimed at easing chronic overcrowding in Ghana’s prisons, where some detainees are forced to sleep in degrading conditions.

Proceedings revealed stark gaps in case management. Some inmates on remand had spent about seven years in custody without trial, while others remained detained even though their cases had been struck out. In several instances, case dockets were reported missing or untraceable.

Justice Asare-Botwe said the programme, launched in 2007 under then Chief Justice Georgina Theodora Wood, has significantly reduced the proportion of remand prisoners. Data from the Ghana Prisons Service Records Unit show that remand inmates now constitute around 12% of the prison population, down from 33% at the start of the programme.

She praised the role of criminal justice institutions, including the Office of the Attorney-General, the Legal Aid Commission and civil society organisations such as Perfector of Sentiments (POS), in achieving those gains.

However, she issued a strong call to action for investigators and trial courts.

Justice Asare-Botwe noted that the Judiciary is working on proposals to make jury and other criminal trials more efficient, in a bid to reduce delays that feed prison congestion. She added that the courts will support the effective implementation of Section 162A of Act 1079 on plea bargaining, under the amended Criminal and Other Offences (Procedure) Act, 1960 (Act 30).

She also appealed to civil society groups and private lawyers to step up pro bono representation for accused persons trapped in the system, saying broader support is needed to address structural weaknesses in Ghana’s criminal justice architecture.

Thanking the Chief Justice for the opportunity to sit in-prison, Justice Asare-Botwe said it was particularly gratifying to see inmates discharged or granted bail finally get the chance to reunite with their families after years in custody.