Man, 61, set free at Winneba Prisons • Under Justice for All Programme
A 61-year-old man who spent over six years on remand without trial was last Friday discharged under a Justice for All Programme (JFAP).
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Kwesi Ofori had been on remand since 2011 at the Winneba Prisons in the Central Region on a charge of murder with his trial yet to commence.
He, however, got his freedom when one of the three specialised High Courts set up at the prison for the programme set him free.
Pronouncing his ruling, the Presiding Judge, Mr Justice C.J. Honyenuga, a Justice of the Court of Appeal, said six years on remand without trial, irrespective of the alleged offence, was unacceptable.
"The applicant has been in unlawful custody contrary to Article 14(4) of the 1992 Constitution. He is, therefore, discharged," he said.
Eighteen other remand prisoners at the Winneba Prisons were also granted bail. Four others were refused bail while one case was struck out during the JFAP.
Ankaful Prisons
At the Ankaful Prisons, also in the Central Region, 19 remand cases were adjudicated upon.
Thirteen remand prisoners were granted bail while two were denied. Two others were discharged, two cases were struck out while one case was not heard due to the absence of the remand prisoner.
The prison officials explained that some police officials came for the absent prisoner, Abeiku Moro, although his case was due to be heard under the JFAP on the day.
Mr Justice Honyenuga described the action of the police's as a “deliberate plot to avoid the sitting".
"We suspect foul play, so we will investigate," he said.
In one of the hearings, a mentally challenged man had been on remand for seven months even though a Circuit Court had ordered the state to refer him to the Ankaful Psychiatric Hospital for treatment.
The man, identified as Awal Muhammad, was discharged by the court to enable him to seek psychiatric treatment.
Another case was that of a man who had been on remand for a month because he failed to take care of his children.
Kwesi Adoba was on remand because he failed to meet a bail condition of GH¢1,000 with two sureties set by the Cape Coast Circuit Court.
The specialised High Court, presided over by Mr Kwasi Dapaa, varied the bail condition and made it GH¢1,000 with one surety.
Programme
The JFAP initiated in 2007 aims to reduce overcrowding at the country's prisons.
It is under the auspices of the Remand Review Taskforce (RRT) made up of the Judicial Service, the Attorney-General's Department, the Ghana Prisons Service and the Police Service.
The programme is being facilitated by POS Foundation, a human rights advocacy organisation with funding from the Danish International Development Agency (DANIDA).
Mr Justice Honuyenga, who is also the Chairman of the RRT, said the programme had chalked up many successes since its inception 10 years ago.
“We are making progress. Two years ago, there were 42 remand prisoners at the Winneba Prisons but due to the programme, we now have 26 prisoners with one discharged and 18 granted bail,’’ he said.