Judicial Frustration in Ghana: A Study in Disparity and Delay
A recent study by Ashantibiz News, spanning across eight major cities in Ghana including Accra, Kumasi, Cape Coast, Koforidua, Takoradi, Obuasi, Techiman, and Asante Mampong, reveals a pervasive sense of frustration with the Ghanaian judicial system. This frustration stems from a wide range of issues, highlighting a deeply rooted disparity in access to justice and a system burdened by delays and procedural inefficiencies.
The study paints a stark picture of the challenges faced by the less privileged in accessing justice. Many individuals, unable to afford legal representation, are forced to navigate the complex legal system alone, often leading to unfair outcomes. Exorbitant fees charged by lawyers further exacerbate this issue, effectively barring access to justice for the majority of Ghanaians.
The investigation uncovered a consistent problem of case adjournment and delays, often at the expense of pressing matters. This delays in the judicial process can be attributed to a number of factors, including:
Lack of Resources: Inadequate staffing and limited resources in some courts contribute to backlogs and slow processing of cases.
State Prosecutors and Delays: Delays in the prosecution process, often citing inadequate investigation or witness availability, further prolong legal proceedings.
CID Investigation Tactics: The study found that investigation tactics employed by the Criminal Investigations Department (CID) sometimes lacked efficiency, contributing to delays in case preparation and further frustrating victims.
Influence of Wealth: The study uncovered instances where individuals with financial resources were able to influence the outcome of cases, creating a perception of bias and inequality within the system.
The study also sheds light on the harsh conditions in some Ghanaian prisons, raising questions about the effectiveness of custodial sentences as a means of rehabilitation. The inadequate infrastructure, overcrowding, and lack of adequate healthcare facilities within these institutions contribute to a system that is often seen as punitive and unjust.
The findings of this study underscore the urgent need for systemic reforms within the Ghanaian judicial system to ensure fairness, accessibility, and efficiency. Some key recommendations include:
Providing Free Legal Aid: Expanding access to free legal aid for those who cannot afford lawyers is crucial to ensure equal access to justice.
Addressing Fees and Costs: Mechanisms to regulate lawyer fees and reduce exorbitant costs will make legal representation more accessible for the average Ghanaian.
Improving Court Resources: Investing in adequate staffing, infrastructure, and technology will help expedite case processing and reduce delays.
Streamlining State Prosecution: Clear guidelines and procedures for state prosecutors will help reduce delays in the prosecution process.
Strengthening CID Practices: Enhancing investigative capacity and implementing stricter guidelines for CID investigations will ensure timelier and more effective case preparation.
Modernizing Prison System: Prioritizing rehabilitation over punishment by improving prison conditions and investing in skills development programs will contribute to a more just system.
Ashantibiz News study lays bare the deep-seated challenges facing the Ghanaian judicial system. This report is a wake-up call for policymakers and legal professionals to address these issues with urgency and resolve. The Ghanaian people deserve a judicial system that is fair, accessible, and efficient, one that truly upholds the rule of law and ensures justice for all.
Godwin Owusu Frimpong
