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Justice for All Programme Cuts Remand Prison Numbers Significantly – Justice Asare-Botwe

Her Ladyship Justice Afia Serwah Asare-Botwe (JA) has disclosed that Ghana’s remand prisoner population has reduced drastically to 12.47 per cent as a result of sustained reforms under the Justice for All Programme (JFAP).

She made the disclosure at the conclusion of an in-prison Justice for All Court Sitting held at the Kumasi Central Prisons on Friday, December 20, 2025.

According to Justice Asare-Botwe, the remand population stood at 33 per cent when the programme was introduced in 2007 but has seen steady decline due to improved collaboration among criminal justice institutions and civil society partners.

She commended past Chief Justices and the current Chief Justice, His Lordship Justice Paul Baffoe-Bonnie, for providing leadership and continuity to the programme, as well as judges, judicial staff, and members of the National Steering Committee for their commitment to ensuring access to justice for inmates.

Justice Asare-Botwe explained that the Justice for All Programme was designed to address prolonged pre-trial detention, which contravenes Article 14(4) of the 1992 Constitution. The Article mandates the release of persons not tried within a reasonable time, either unconditionally or on reasonable bail terms.

She recalled that before the programme’s introduction, severe prison overcrowding forced inmates to endure dehumanising conditions, with dozens confined in cells meant for far fewer occupants. These conditions, she noted, attracted international criticism, including condemnation by the United Nations in 2014.

Data from the Ghana Prisons Service, she said, previously showed overcrowding levels as high as 51 per cent, with many detainees spending longer periods on remand than the sentences their alleged offences attracted.

Justice Asare-Botwe attributed the current progress to effective collaboration among the Judiciary, the Police, EOCO, the Office of the Attorney-General, the Legal Aid Authority, and civil society organisations, particularly the POS Foundation, which facilitates the Justice for All Programme.

She added that judges across the country have been encouraged through capacity-building programmes to strictly apply bail principles under the Criminal Procedure Act and relevant Supreme Court decisions, while ensuring speedy trials for remand prisoners.

Presenting outcomes of the Kumasi Central Prisons sitting, she revealed that 41 pre-trial cases were reviewed. Fifteen inmates were granted bail, four were discharged, one was referred for psychiatric treatment, three cases were dismissed, nine inmates were convicted and imprisoned, while 12 bail applications were refused.

Justice Asare-Botwe called on the media and civil society groups to reflect current data when reporting on Ghana’s criminal justice system and avoid reliance on outdated figures.

She further urged private legal practitioners to offer pro bono services to vulnerable inmates, stressing that access to justice should not be limited by the absence of legal representation.

The Justice of Appeal also announced that the Judiciary is working to operationalise plea bargaining under Section 162(A) of Act 1079, a move she believes will further reduce prison congestion.

She concluded by admonishing investigators to expedite criminal investigations to prevent unnecessary delays and thanked the Chief Justice for the opportunity to serve inmates, many of whom were reunited with their families following the sitting.

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