JFAP Holds Pre-Trial at Kumasi Central Prison

The Justice for All Program (JFAP) has concluded a sitting at the Kumasi Central Prisons, resulting in the release of 19 inmates and offering a glimmer of hope to many others languishing on remand. The court, presided over by Justice Afia Serwaa Asare-Botwe of the Appeals Court, reviewed 41 pre-trial cases on Thursday, addressing a critical issue of overcrowding and prolonged detention within the Ghanaian prison system.

Four inmates were discharged, while 15 were granted bail. One individual was referred for psychiatric evaluation, and three cases were dismissed. Nine inmates were convicted, and bail was either refused or not varied for 12 others whose hearings are ongoing.

The JFAP, established in 2007 under the leadership of former Chief Justice Georgina Theodora Wood, is rooted in Article 14(4) of the 1992 Constitution. This article mandates the release of individuals arrested, restricted, or detained without a trial within a reasonable timeframe.

Justice Asare-Botwe highlighted the program’s impact, stating that the remand prisoner population has significantly decreased from 33 per cent in 2007 to 12 per cent currently. “The inception of the JFAP in 2007 has led to significant improvements in prison decongestion,” she said.

However, the court proceedings also revealed troubling issues. Some inmates have been on remand for up to seven years, with cases stalled due to missing dockets or files. Others were found to be still detained despite their cases having been struck out.

“From the court proceedings today, I can only admonish Criminal Investigations Departments and investigators to be active in their work and not to leave the vulnerable remand inmates to languish in prison for months and in some cases, years,” Justice Asare-Botwe cautioned.

The Judiciary is committed to improving the administration of criminal trials, including supporting the operationalization of Section 162 (A) of Act 1079 on Plea Bargaining, as per the Criminal and Other Offences (Procedure) Act 1960, (Act 30) as Amended. Justice Asare-Botwe also appealed to Civil Society Organisations and private legal practitioners to provide pro bono legal representation to those in conflict with the law.

The Justice expressed gratitude to the Chief Justice for the opportunity to serve inmates, particularly those discharged and granted bail, enabling them to reunite with their families. She acknowledged the collaborative efforts of the Attorney-General’s Office, the Legal Aid Authority, and Civil Society groups, referring to them as the “Perfector of Sentiments (POS)” in the program’s success.

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