The Executive Director of the Crime Check Foundation, Ibrahim Oppong Kwarteng, has criticised Ghana’s justice system, arguing that poverty is contributing to the imprisonment of people who cannot afford fines or adequate legal representation.
“What we see at times is not justice. What we see is poverty on trial,” he said, recounting cases encountered by his organisation during more than a decade of work in Ghana’s prisons.
Mr Kwarteng made the remarks at an event following a tour of prison establishments across the country, where he highlighted cases he believes expose inequalities in access to justice.
“For over 10 years, Crime Check Foundation has worked in Ghana’s 49 prison establishments. And what we see at times is not justice. What we see is poverty on trial,” he said.
Mr Kwarteng cited the case of a young mother who, he said, was sentenced to two years in prison after being unable to pay a GH¢300 fine arising from a fight.
He also recounted the case of a 19-year-old who was jailed for stealing a bunch of plantain to feed his seven siblings.
Another case involved a commercial transport vehicle assistant, commonly known as a trotro mate, who Mr Kwarteng said was imprisoned because he could not afford a lawyer to defend him.
“Their crime at times is not stealing. Their crime perhaps is being poor,” he said.
The cases, he argued, raise questions about whether people’s financial circumstances are determining how they experience the criminal justice system.
Mr Kwarteng also questioned how the justice system could adequately serve poor communities when many people struggle to afford transportation to court or secure legal representation.
“Distinguished guests, how can justice be at their doorstep when they cannot afford the transport to the court? And how can justice be at their doorstep when legal aid has less than 40 lawyers across the country?” he asked.
He further raised concerns about people spending extended periods on remand without legal representation.
“I stand to be corrected. How can justice be at their doorstep when a petty offender spends three years on remand for a case that would have attracted six months if he had a lawyer?” he said.
His comments come amid calls for increased resources for the Legal Aid Commission, which provides legal advice and representation to people who cannot afford private legal services.
The Commission’s Board Chairman, Supreme Court Justice Samuel Kwame Asiedu Adibu, recently disclosed that it operates 45 offices across Ghana’s 261 districts, with a total staff strength of 190. He said the Commission needed about 180 additional staff to improve its reach.
Calls for broader reform
The Crime Check Foundation has worked in Ghana’s prisons for more than a decade, supporting inmates, helping secure releases through the payment of fines and advocating for prison reform.
The organisation has also raised concerns about the difficulties former prisoners face after their release, including social rejection and barriers to reintegration.
Mr Kwarteng’s remarks add to wider concerns about whether poverty, inadequate legal representation and delays in court proceedings are undermining fair access to justice.
Addressing those challenges would require stronger legal aid services and closer attention to the circumstances of people held in custody, particularly those unable to afford lawyers or meet court-imposed financial obligations.
His account puts the focus on a broader question for Ghana’s justice system: whether a person’s ability to pay should determine how quickly they regain their freedom or how effectively they can defend themselves in court.