By Alex Boateng
ABSTRACT
Ghana’s constitutional framework guarantees the right to a fair and speedy trial. However, systemic delays in the judicial process have raised concerns about whether prolonged remand periods amount to punitive measures in practice. This article examines the constitutional, legal, and practical dimensions of Ghana’s failure to ensure timely trials. It interrogates whether extended pre-trial detention constitutes punishment in violation of fundamental rights, and analyzes the underlying structural, administrative, and policy challenges contributing to trial delays. Drawing statutory provisions, the paper argues for reforms aimed at strengthening judicial efficiency, protecting individual liberties, and upholding the rule of law. Ultimately, the article highlights the tension between remand and punishment, advocating a legal and policy framework that safeguards the constitutional right to a speedy trial.
Keywords: Remand, Speedy Trial, Constitution, Ghana, Human Rights, Justice for All Programme.
Introduction
During the vetting of Justice Paul Baffoe Bonnie for the role of Chief Justice on 10 November 2025 before the Appointments Committee of Parliament, he addressed at length the issue of remand prisoners and prison congestion offering both a critique of current practice and proposals for reform. He described the state of Ghana’s prisons as “deeply troubling”. He indicated that he is committed to reviving the Justice for All Programme, a scheme originally aimed at reviewing remand cases and expediting justice, to clear backlogs of remand prisoners.
Excessive periods of remand have become a silent form of punishment in our justice system, imposed even before a person is tried or found guilty. Shakespeare warns us in Measure for Measure that “We must not make a scarecrow of the law,” reminding us that the law must never be reduced to a tool of fear, intimidation, or convenience. When the state detains people for unreasonable lengths of time, not as a necessity for justice but as a default response, the law ceases to protect but rather oppresses. Many of those kept endlessly on remand can rightly echo King Lear’s lament: “I am more sinned against than sinning.” Their suffering becomes greater than any alleged wrongdoing. Such prolonged detention, without conviction, violates the presumption of innocence and breaches the fundamental human rights our constitution seeks to uphold.
According to MyJoyOnline, as of May 2024, Ghana’s prison population was 14,647, and of that, 1,590 were remand detainees (https://www.myjoyonline.com/12-discharged-from-nsawam-prison-as-part-of-justice-for-all-programme). According to Justice Afia Serwah Asare-Botwe, the reduction in the pre-trial detention population is quite significant, from 33% in 2007 to 10.86% in 2024.
The right to a fair and speedy trial is a cornerstone of democratic governance and a fundamental protection under the 1992 Constitution of Ghana. Article 14 (1) of the 1992 Constitution provides that:
(1) Every person shall be entitled to his personal liberty and no person shall be deprived of his
personal liberty except in the following cases and in accordance with procedure permitted by
law—
(a) in execution of a sentence or order of a court in respect of a criminal offence of which he
has been convicted; or
(b) in execution of an order of a court punishing him for contempt of court; or
(c) for the purpose of bringing him before a court in execution of an order of a court; or
(d) in the case of a person suffering from an infectious or contagious disease, a person of
unsound mind, a person addicted to drugs or alcohol or a vagrant, for the purpose of his care
or treatment or the protection of the community; or
(e) for the purpose of the education or welfare of a person who has not attained the age of
eighteen years; or
(f) for the purpose of preventing the unlawful entry of that person into Ghana, or of effecting
the expulsion, extradition or other lawful removal of that person from Ghana or for the
purpose of restricting that person while he is being lawfully conveyed through Ghana in the
course of his extradition or removal from one country to another; or
(g) upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana.
Article 14(2)(c) of the 1992 Constitution explicitly guarantees that every individual charged with a criminal offence has the right to have their trial conducted without undue delay. Despite this constitutional safeguard, the Ghanaian criminal justice system has long been plagued by delays, resulting in prolonged pre-trial detention that often extends beyond reasonable or legally permissible limits.
These delays raise critical questions about the nature of remand. The question is when does pre-trial detention, intended as a temporary measure to ensure court attendance, cross the line to become de facto punishment? Remand is the process by which an accused person is held in custody while awaiting trial. It is intended as a temporary measure to ensure the presence of the accused in court, prevent interference with witnesses or evidence, or address concerns regarding public safety. Remand is regulated by the Criminal and Other Offences Procedures Act 1960 (Act 30) and the Criminal Offences Act 1960 (Act 29), which provide that detention should be authorized by a court and limited to reasonable periods.
Article 14(2)(c) of the 1992 Constitution guarantees that every person charged with a criminal offence has the right to have his or her trial conducted without undue delay. This right is crucial to prevent arbitrary deprivation of liberty, safeguard human dignity, and maintain public confidence in the justice system.
One of the major causes of excessive remand is the prolonged delay in investigations and prosecution of cases. When law enforcement agencies and prosecuting authorities fail to act swiftly, accused persons remain in detention far longer than necessary, often without any clear timeline for their trial. These delays may result from understaffed police departments, lack of resources, bureaucratic inefficiencies, or poor coordination between investigative and judicial bodies. Such delays not only extend the suffering of the accused but also undermine the very principle of justice. A person presumed innocent should not be made to endure weeks, months, or even years in confinement due to systemic inefficiencies. The backlog of untried cases further exacerbates the problem, turning remand which is meant to be temporary into de facto punishment.
Access to bail is a crucial factor for preventing prolonged detention. It is important to emphasize that for many accused persons especially those from low-income or marginalized backgrounds, the financial conditions of bail are simply unattainable. This economic barrier traps these vulnerable individuals to languish in remand for months or even years, turning a temporary measure into a de facto sentence. Such practices deepen inequality and violate the principles of justice and human dignity. The government and judiciary must ensure that bail decisions are fair and proportionate to the accused’s financial capacity. Alternatives such as non-monetary bail conditions should be introduced or community guarantees to uphold the presumption of innocence, protect human rights, and prevent unnecessary overcrowding of remand facilities.
It is heartbreaking and deeply troubling how our society can sometimes treat its own people with cruelty, suspicion, and indifference long before they have been proven guilty of any wrongdoing. When an accused person is kept on excessive remand, deprived of dignity, freedom, and the basic comforts of life, we are not protecting society we are punishing innocence. We forget that behind every case file is a human being: someone’s child, parent, sibling, neighbour, or friend.
A nation that dreams of progress cannot continue to allow such injustice. We must acknowledge that every day spent in unlawful or excessive remand breaks a spirit, destroys a life, and shatters a family. If we claim to uphold the rule of law, we must ensure that justice is swift, fair, and humane. If we consider ourselves a people of conscience, then we have no excuse for silence. We must condemn this cruelty loudly, boldly, and without hesitation. Government must expedite action on the Justice for All Programme and urgently initiate measures to clear the backlog of cases.
As a country founded on freedom, justice, probity and accountability, it is time for all of us to stand up and speak with one voice in response to these issues. I humbly request that His Excellency the President of the Republic, our Honorable Members of Parliament, traditional rulers, civil society organizations, the media, and fellow citizens across the Republic take a firm stand against the excessive remand of accused persons. Let’s call for a legal system that respects the presumption of innocence, defends human rights, and treats all Ghanaians fairly and humanely. It is no longer possible to remain silent. We must work together to demand changes that uphold our constitutional principles and rebuild public trust in the legal system.
The President of the Republic of Ghana, His Excellency John Dramani Mahama, on Wednesday, November 5, 2025, officially commissioned the newly constructed 300-capacity Damongo Camp Prison in the Savannah Region. The facility, fully funded and built by The Church of Pentecost, forms part of the Church’s commitment to construct five Correctional Centres nationwide to enhance inmate rehabilitation and reintegration. The fourth of these facilities, located in Obuasi, is nearing completion. We wish to commend the Church of Pentecost for their exemplary commitment to social development and rehabilitation in Ghana. By fully funding and constructing the 300-capacity Damongo Camp Prison, the Church has demonstrated a profound dedication to enhancing inmate rehabilitation and reintegration, positively impacting the lives of countless individuals and contributing to the overall wellbeing of our society. We also take this opportunity to commend the POS Foundation for its exemplary leadership and unwavering dedication to advancing human rights and justice reforms. Finally, we also extend our sincere appreciation and commendation to His Excellency, President John Dramani Mahama, for officially commissioning this vital facility and announcing plans to introduce a parole system as part of a comprehensive prison reform programme aimed at enhancing conditions within Ghana’s correctional institutions. The president also explained that the parole initiative will serve as an incentive for good behaviour and facilitate smoother reintegration of inmates into society after serving part of their sentences. President Mahama emphasized that the government’s prison reform agenda is guided by the belief that every Ghanaian, regardless of his or her circumstances, deserves dignity and a second chance. He further noted that the reforms will include expanding the use of alternative sentencing for minor and non-violent offences, as well as reviewing bail conditions to reduce undue hardship, particularly for the underprivileged. This is truly a bold and commendable step from His Excellency, the President.
We therefore urge the President to also pay attention to our remand prisoners, as the current situation constitutes a breach of their fundamental human rights. It is critical for the effective management of correctional facilities to ensure that remand prisoners are kept separate from convicted inmates. This practice is not only a matter of good prison administration but also a fundamental aspect of upholding human rights and justice. Remand prisoners are legally presumed innocent until proven guilty. Housing them alongside convicted inmates exposes them to unnecessary risks, including physical harm, intimidation, and exposure to criminal influences.
Article 12 (1) requires all three arms of government to respect and uphold the fundamental human rights and freedoms enshrined in the Constitution. It provides that
(1) The fundamental human rights and freedoms enshrined in this chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the Courts as provided for in this Constitution.
Article 14 and Article 19 of the 1992 Constitution guarantee that no individual shall be deprived of their personal liberty except as permitted by law, and that every accused person is presumed innocent until proven guilty and entitled to a fair hearing within a reasonable time.
It is important to emphasize that the implementation of Case Management Conferences (CMCs) in our legal system has significantly improved the way criminal justice is administered by reducing delays, enhancing stakeholder collaboration, and promoting early case settlement. These changes have led to shorter incarceration times, improved access to bail, and a quicker administration of justice for remand inmates. However, additional efforts are required, particularly in strengthening investigative processes, digitizing records, expanding access to legal aid, and increasing judicial capacity to effectively address the persistent challenge of lengthy pre-trial detention.
Additionally, to safeguard the rights and dignity of all persons in our justice system, we call on the President and Members of Parliament to establish clear statutory limits on pre-trial detention. This should be like the prescription under Article 14(3)(b) of the Constitution, that any person arrested or detained be brought before a court within forty-eight hours of arrest or detention.
We again make a special appeal to the newly sworn-in Chief Justice, His Lordship Paul Baffoe-Bonnie, to consider establishing specialized courts or enhancing the Justice for All Programme to address the backlog of cases particularly those involving remand prisoners in order to significantly reduce delays.
In conclusion, the plight of remand prisoners in Ghana is not merely a legal or administrative issue. It is a profound test of our nation’s commitment to justice, human dignity, and the rule of law. Excessive pre-trial detention, prison overcrowding, and delays in the justice system erode public confidence, punish the innocent, and undermine the very principles enshrined in our Constitution. While recent efforts and comments from the President and the Chief Justice such as the Justice for all Programme, the introduction of non-custodial sentencing, the establishment of a parole system, and the construction of new correctional facilities through the support of the Church of Pentecost reflect significant progress, urgent action is still needed to safeguard the rights of those awaiting trial, including individuals who have been held on remand for months or even years. Each day an individual remains on remand represents a violation of his or her rights, a harm that extends beyond the person to impact his or her children, parents, siblings, neighbours, and friends. It is imperative that the government, judiciary, law enforcement agencies, traditional rulers, civil society organizations, and citizens work hand-in-hand to guarantee timely trials, ensure fair and accessible bail processes, and promote the humane treatment of every person in detention. This will pave the way for a harmonious Ghana, the Ghana we all aspire to live in. May God bless our homeland, Ghana, and Make us great and strong.
References
• Constitution of the Republic of Ghana, 1992.
• Criminal Offences Act 1960 (Act 29)
• Criminal and Other Offences Procedure Act 1960 (Act 30).
• https://ghanaprisons.gov.gh/2025/11/11/president-john-mahama-commissions-300-capacity-damongo-camp-prison/
• https://ghanaiantimes.com.gh/crisis-looms-in-prisons-nationwide-jails-congested-by-4651-inmates-as-prisons-service-backs-proposed-non-custodial-sentence)
• https://www.myjoyonline.com/12-discharged-from-nsawam-prison-as-part-of-justice-for-all-programme
