Twelve people who were on trial for a variety of alleged crimes, including murder, were released from custody when it became apparent from the evidence that the state had been determined to pursue their cases.Fewer than four court appearances had been made by some of these people, who have been detained for nearly ten years.Ghana’s criminal justice system is based on the principle of protecting suspects’ human rights. To support this, the right to personal liberty is covered in detail in Article 14 of Chapter 5 of the 1992 Constitution, which addresses human rights.
Because of this, it is illegal to deny someone their freedoms while they are being arrested, with the exception of the situations listed in Article 14 of the 1992 Constitution.A person who has been arrested, however, cannot be detained for longer than 48 hours without first appearing before a court with the necessary authority. The judge has the authority to give or refuse bail. Article 14(4) of the 1992 Constitution also gives the court the authority to release the suspect unconditionally or with conditions in situations when the accused’s trial has been unreasonably delayed.There are situations where people are held on remand without having their cases timely prosecuted, in spite of these provisions.The Judiciary launched the Justice for All initiative in an effort to solve this, wherein hearings are convened in particular jails for specific prisoners who fit this description in order to provide them a hearing.24 prisoners at the Nsawam Medium Prison facility had hearings; 12 were released, 10 were given bail, and 2 were not given any.
Kwabena Nyarko, who had been placed on detention following her arrest in July 2016, was one of the people released. Despite being given 50,000 Ghanaian Cedis on bail in 2017, he was unable to fulfill the conditions of the release. In light of state prosecutors’ inaction, Justice Kofi Akuffo dismissed the charges against the accused.Another person who was let go was charged with breaking and entering and stealing what he claimed to be an Itel phone. After receiving bail totaling GHC 40,000 with two sureties, he was imprisoned for a year and a half without having to appear in court because he was unable to comply with the terms of the bail.
Kofi Afum was charged with murder and had been placed under arrest since 2018, even though the Office of the Attorney General recommended that the defendant be released.Samuel Owusu Addo, a different prisoner, had been placed on remand for almost 11 years due to allegations of murder. State prosecutors, however, lacked any information about the case’s current status or specifics of his most recent court appearance. Justice Kofi Akuffo dismissed him as a result.
Additionally, two men, ages 51 and 67, were released from Nsawam Prison after serving terms of seven and eight years, respectively, without having their cases actively prosecuted.
Notwithstanding these obstacles, the judiciary reports that since the launch of the Justice for All initiative, the number of these cases has sharply decreased.
Prison administrators are attempting to make sure that inmates with comparable tales follow the legal procedure in the meantime.The program’s organizers, the PoS Foundation, are pleading with the cabinet to move quickly to take up the Community Sentencing Bill.
