In Ghana, the principle of access to justice remains a pillar of our constitutional democracy. The 1992 Constitution guarantees the right to a fair hearing and liberty until proven guilty. Yet, for many Ghanaians held on remand, this promise is delayed or deferred.
According to research, one of the key impediments is the prolonged pre-trial detention of remand prisoners, often for minor or non-violent offences. A 2012 study on the Justice for All Programme, Its Impact on Ghana’s Prisons System: A Case Study of Remand Prisoners at the Nsawam Medium Security Prison by Stephen Asare Akuamoah of the University of Ghana, revealed both structural delays, such as case adjournments, lack of legal representation and geographic distance to courts and physical challenges, including overcrowded prisons and deficient facilities.
Another 2021 study titled Prisoners’ Access to Justice: Family Support, Prison Legal Education and Court Proceedings by Atudiwe Atupare & Ors. found that access to legal counsel for inmates is uneven; many on remand do not have prompt access to lawyers or relevant legal materials. These systemic challenges undermine the rule of law and impose human rights costs not only on the person detained but also on families and communities.
The overcrowding of prisons increases the problem. One recent report by the Ghana Prisons Service indicates Ghana’s prison population has risen significantly in recent years. When remand cases are not resolved expeditiously, prison resources are strained, conditions degrade, and the rights of detainees are compromised. From the viewpoint of access to justice, remand prisoners are in a unique position: presumed innocent under the law, yet often treated as if convicted. Ghana’s prisons remain severely overcrowded, with a significant portion of the inmate population held on remand, often for extended periods without trial.
To bridge this gap, the Justice Access Foundation Ghana proposes From Docket to Justice: Restorative Pathways for Ghana’s Remand Prisoners. From Docket to Justice: Restorative Pathways for Ghana’s Remand Prisoners is a nationwide initiative designed to grant access to justice and to address a systemic challenge through a combination of legal workforce mobilisation, alternative dispute resolution (ADR), and reintegration programming. Potentially commencing in 2026 and spanning over 18 months, the project seeks to employ 100 young lawyers nationwide to reopen and review remand dockets across Ghana’s maximum and medium-security prisons. In partnership with three law schools, ADR clinics will be established, enabling law students to serve as assistants and researchers, gaining practical skills in mediation and access to justice while receiving modest allowances.
The initiative seeks to shift the paradigm by combining three interlocking components:
- Docket Review and Legal Empowerment: We will engage 100 young lawyers to systematically review remand dockets across maximum and medium-security prisons, identifying eligible cases for diversion or mediation. An additional 30 certified mediators will be engaged to undertake the mediation. 50 law students will also be engaged through various law clinics in the law schools to provide support to the lawyers. This effort will generate vital empirical data on how many remand cases involve minor offences, how long detentions last, and which cases are eligible for non-custodial alternatives.
- Mediation and Restorative Justice: For eligible cases, especially misdemeanours or minor non-violent offences, the project will offer mediation, victim-offender dialogue, community service agreements and other restorative processes as alternatives to prolonged detention. By doing so, the objective is two-fold: to reduce unnecessary incarceration and restore agency and dignity to parties in dispute.
- Rehabilitation and Reintegration: For those released through the process, we will facilitate vocational training, apprenticeships and employment pathways through partnerships with the Youth Employment Agency, NVTI and private sector firms. Reintegration is critical not only to protect the rights of the released individual but also to strengthen public safety and social cohesion.
Justice Access Foundation Ghana is a non-profit organisation dedicated to advancing equitable access to justice through legal aid and support, restorative pathways, support for the less privileged and community reintegration initiatives. We collaborate with government institutions, legal practitioners, and academic partners to reduce systemic barriers that undermine the rights of vulnerable populations.
As the lead implementing organisation for the From Docket to Justice initiative, the Foundation, together with its team, provides project oversight, legal expertise, monitoring and evaluation, and stakeholder coordination to ensure sustainable justice reform nationwide.
In doing so, the project addresses access to justice at multiple levels: legal access (through counsel and review), procedural fairness (through mediation and speeding trial), and social inclusion (through rehabilitation). With an estimated target of reopening 1,500 dockets and resolving at least 1,000 cases via mediation or expedited process, this initiative aims to deliver measurable outcomes.
Call for Institutional & Financial Support
The success of this initiative requires strong coordination across the justice system; therefore, we respectfully call on the Office of the Attorney General and Ministry of Justice, the Judicial Service of Ghana, the Ghana Police Service and the Ghana Prisons Service to provide their full collaboration through access to case files, institutional data and expedited administrative processes.
We further invite development partners, international donors and access to justice funders to support the programme’s financial sustainability. The scale of work, nationwide scope and post-release reintegration components require significant resources that exceed the current operational capacity of state agencies. A joint effort is essential to protect constitutional rights, reduce overcrowding, promote restorative outcomes and strengthen public confidence in Ghana’s justice system.
By aligning with Ghana’s broader justice reform agenda and the global commitment to peace, justice and strong institutions (SDG 16), we believe this model offers a pathway from backlog and delay to fairness and resolution. It is not simply about moving prisoners through the system; it is about restoring the dignity of individuals, strengthening the justice system and realising access to justice for all.
About the Project Leads:
Prince Caldwell Kojo Tabiri is an executive director for Justice Access Foundation Ghana. He is a legal professional specialising in dispute resolution and justice reform. Called to the Ghana Bar in 2022, he holds a Certificate of Qualification from the Federation of Law Societies of Canada and is a 2025 Fellow of the American Arbitration Association Higginbotham Fellows Program in the USA. Kojo has experience in litigation, mediation, international negotiations, and capacity-building across both public and private legal systems. He is a young member of the Institute for Transnational Arbitrators under the Centre for American & International Law, USA and a Contributor for both the Turkish Arbitration Blog and the Kluwer Arbitration Blog. He is also the founder and head of chambers at Caldwell Greene Legal Practitioners in Accra.
David Ayesu Debrahis is an executive director and board secretary of Justice Access Foundation Ghana. He is a legal associate at Juris Ghana, Accra. Having been called to the Ghana Bar in 2022, he has harnessed skills across various areas of practice, including but not limited to litigation, arbitration, corporate practice, etc. In addition, David has about eight years of compliance experience in paralegal and pharmaceutical practice.
Mr. Paul Oduro Frimpong is an accomplished consultant with over two decades of experience in research, rights-based advocacy, and policy dialogue in Ghana. He has successfully led and contributed to major donor-funded projects with USAID, DFID, the European Union, and DANIDA’s BUSAC Fund, driving evidence-based advocacy and strengthening the institutional capacities of trade associations and small and medium enterprises. His leadership has been instrumental in diverse initiatives, including providing technical support for the Northern Sector Timber Association’s campaign for a Legislative Instrument on Off-Reserve Timber Rights, supporting the National Union of Aquaculture Advocacy in enforcing the National Buffer Zone Policy, and guiding research that informed Ghana’s revised Land Act 2020 (Act 1036). He also led engagements with ESPA on the establishment of the National Sanitation Authority and spearheaded international study tours on waste separation, disability inclusion, and accessibility standards in Canada, Germany, Denmark, and the UK.
Justice Access Foundation is a non-profit organisation dedicated to advancing equitable access to justice through legal aid and support, restorative pathways, support for the less privileged and community reintegration initiatives. We collaborate with government institutions, legal practitioners, and academic partners to reduce systemic barriers that undermine the rights of vulnerable populations. (Email: justiceaccessfoundation@gmail.com)
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