This is the single sentence destroying Ghana justice system:
“My Lord, we have charged the accused, investigations are ongoing, we pray you remand him.”
If investigations are ongoing, why did you charge?
If you charged, why are investigations ongoing?
It is called Half Case — charge first, investigate later, use remand to punish.
It is illegal. It is abuse. It is bad for Ghana justice. It must stop.
WHAT IS HALF CASE?
Under Police General Order 2(1) and C.I. 76 Prosecution Docket Format, before you charge any person, docket must be complete:
1. Investigation report — what happened, where, how
2. Caution statement with independent witness — Act 30 Sec 120
3. Charge statement — Act 30 Sec 112
4. Witness statements — at least 2
5. Exhibits — phone forensic under Cybersecurity Act 2020 Act 1032 Sec 14, Momo statement under Act 772 Sec 100, medical report if assault
6. Case diary — L.I. 2000 Reg 54 — every step recorded
Half Case is when you charge with only 1 and 2 missing 3,4,5,6 — only arrest statement and screenshot of TikTok.
Example: GR/AD/CC1/018/2027 — Republic v Barbara & Salomey — Techiman nurse transported to Adenta. Brief facts end with: “Investigations are continuing…” That is confession — docket not complete — half case — yet filed.
WHY HALF CASE + REMAND REQUEST IS ILLEGAL — 5 LAWS
1. Act 30 Sec 15 — Police Enquiry Bail SHALL When Not Ready:
If 48 hours expiring and investigation not complete, law says grant police enquiry bail — self-recognizance — ask suspect to report to assist investigation.
Not charge half case to beat 48 hours.
Supreme Court in Republic v Director General CID Ex Parte Yalley (1992-93) GBR 121: “48 hours is for police to complete investigation and decide to charge. If not complete, grant enquiry bail, not charge half case.”
2. Gavor v C.O.P (1988-89) GLR 314 — Remand Not For Investigation:
“Remand is not tool for police to complete investigation. If police not ready, accused must be granted bail.”
No law in Act 30 Sec 138 says remand to complete investigation. Remand is for committal or trial cannot start, not for investigation.
3. Republic v Mbushim (1972) 2 GLR 354 — Ongoing Investigation = Ground For Bail:
“Where investigations not complete, court should grant bail to enable investigation to continue without detaining accused.”
Prosecutor saying ongoing investigation to oppose bail says opposite of law.
4. Act 30 Sec 96(1) — Bail For Misdemeanour Is SHALL:
For misdemeanour — false news Act 29 Sec 208, offensive conduct Sec 207 — bail is SHALL — mandatory — unless prosecution shows risk of absconding, interference, further offence.
Ongoing investigation is not risk. Half case is not reason to remand.
5. Martin Kpebu v AG (2019) GHASC 45 & 90 — Impossible Bail = Denial:
When half case remanded, judge imposes GHS 80k, Grade 19, land valuation — Techiman nurse cannot meet. That is denial of bail — unconstitutional under Article 14(4).
WHY POLICE AND PROSECUTORS DO IT — TO PUNISH
They know half case will fail at trial. But they don’t want trial. They want punishment now.
Especially political cases — insult to big man — MP, Minister, IGP.
Steps:
– Big man calls IGP.
– CID arrests in district — dawn — no invitation.
– No investigation — screenshot only.
– Transport to Accra — 400km — punishment 1.
– File half case at Adenta — punishment 2.
– Ask remand — “investigations ongoing” — punishment 3 — Nsawam 2 weeks.
Even if case later withdrawn, 2 weeks in Nsawam already served. Job lost under Labour Act Sec 62, school missed, family shamed.
That is punishment before conviction — violates Article 19(2)(c) presumption of innocence and Article 15 inhuman.
WHY IT IS BAD FOR GHANA JUSTICE SYSTEM
A. Makes Court Extension Of Police Cell:
Court exists to check police — Article 125. When judge remands half case to complete investigation, court becomes police cell extension. Judicial independence dies.
B. Destroys Bail Law:
Ghana law says misdemeanour bail is right — Act 30 Sec 96(1) SHALL. Half case + remand makes bail favour — only granted if prosecutor agrees. Law reversed.
C. Increases Remand Population — Wastes Taxpayer Money:
Ghana Prisons 2024: 4,721 remand — 32% of prisoners. Cost GHS 25/day each = GHS 43 million yearly to feed people who should be on bail while investigation continues. Half cases fill prisons.
D. Kills Public Confidence — Youth Fear Court:
Afrobarometer 2024: 64% youth believe court remands to punish for insulting big man, not to do justice. 61% fear posting political views because will be taken to Accra and remanded. Article 21 free speech dies.
E. Destroys Regional Justice — Centralizes Everything In Accra:
Half cases from Techiman, Wa, Bawku, Aflao all sent to Adenta/Madina because CID HQ wants control. Techiman Circuit idle — 212 cases 2023 vs Adenta 847. Article 35(6)(d) decentralization violated.
F. Encourages Lazy Investigation:
If police know judge will remand to complete investigation, why investigate well? Why do forensic under Act 1032 Sec 14? Why get Momo statement under Act 772 Sec 100? Just arrest, file half case, ask remand — judge will give time. Professionalism collapses.
WHAT MUST HAPPEN — SIMPLE RULE
Rule: Don’t Charge Half Case. If Not Ready, Grant Bail. Don’t Ask Remand To Complete Investigation.
For IGP — Directive Under Act 350 Sec 17:
“No officer shall charge misdemeanour where investigation not complete and docket does not contain witness statements, forensic, case diary under Reg 54. Where 48 hours expiring and investigation not complete, grant police enquiry bail under Act 30 Sec 15 to report. No officer shall request remand to complete investigation. Officer violating liable for false imprisonment Act 29 Sec 91 and abuse of power Act 456 Sec 7.”
For Attorney-General — Under Article 88:
Prosecution Guidelines amendment: Prosecutor shall return half docket. Shall not file. Shall not oppose bail on ground ongoing investigation. Violation = misconduct to GLC.
For Chief Justice — Practice Direction Under Article 159:
“When prosecution says investigations ongoing and prays for remand, court shall not grant remand. Under Gavor, Mbushim, Kpebu, court shall grant bail self-recognizance or reasonable condition with reporting. Where docket incomplete — no witness statements, no forensic — court shall discharge under Act 30 Sec 173 for no prima facie case. Half case shall be struck out.”
For Judges — Questions To Ask:
When half case appears, ask:
– Where is investigation report? — General Order 2
– Where is case diary? — Reg 54
– Where is phone forensic? — Act 1032 Sec 14
– Where is Momo statement? — Act 772 Sec 100
– Under what law you ask remand to complete investigation? — No law
– Under Act 30 Sec 96(1) SHALL, why should I not grant bail?
If no answers, discharge or bail.
FOR CITIZENS — WHAT TO SAY IN COURT
If you are victim:
“My Lord, this is half case — investigations continuing by prosecution’s own admission. Under Ex Parte Yalley, if not ready within 48 hours, police must grant enquiry bail under Act 30 Sec 15, not charge half case. Under Gavor and Mbushim, ongoing investigation is ground for bail not remand. Under Act 30 Sec 96(1) SHALL, misdemeanour bail is my right under Article 14(4). Remand to complete investigation is illegal and punishment before trial violating Article 19(2)(c). I pray for self-recognizance or discharge under Sec 173.”
HALF CASE + REMAND = PUNISHMENT WITHOUT TRIAL — DISGRACE TO RULE OF LAW
Ghana justice system cannot survive if police charge half case and judges remand to help police complete investigation.
If investigation not complete — don’t charge. Grant bail. Continue investigation. Then charge.
If half case brought — don’t remand. Grant bail or discharge.
48 hours is not excuse to bring half case. Big man pressure is not excuse to punish with remand.
Half case + remand is punishment without conviction — violates Article 1(1) democracy, Article 12(1) respect for rights, Article 19 fair trial.
It is bad for Ghana justice. It must stop. Now.
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