Go to any lower Court in Ghana — 9am.
Magistrate or Judge calls case: Republic v Young Man — TikTok insult.
Lawyer: “My Lord, bail application.”
Prosecutor — young police officer or State Attorney — stands:
“My Lord, we oppose bail. Investigations are ongoing. We have sent phone to cyber lab. Statements not taken. We pray you remand accused for 2 weeks.”
Judge nods: “Remanded.”
That one sentence — “investigations ongoing, remand him” — is the most dangerous thing in Ghana justice system today.
It is illegal. It is punishment before conviction. It is used especially when big man or political case is involved.
And if investigation is not complete, why are you sending him to court?
1. WHAT LAW SAYS — YOU MUST FINISH INVESTIGATION BEFORE YOU CHARGE
Ghana law never says arrest first, investigate later, remand to investigate.
It says investigate first, then arrest, then charge within 48 hours.
A. Criminal Procedure Act, 1960 Act 30 Section 1 and 15 — Investigation Precedes Charge:
Under Act 30 Sec 1, criminal investigation is to find whether offence committed. Under Sec 15, police shall release on enquiry bail if investigation not sufficient.
Under Police Service Instructions General Order 2(1): “No person shall be charged unless investigation is complete and docket establishes prima facie case.”
B. Constitution Article 14(3) — 48 Hours Is Not License To Charge Unready Case:
Article says person arrested shall be brought before court within 48 hours. It does NOT say you must charge half case within 48 hours.
48 hours is limit for detention without court — not deadline to start investigation.
Supreme Court in Martin Kpebu v AG (2019) and *Republic v Director General CID Ex Parte Yalley (1992-93) GBR 121:
“48 hours is for police to conclude investigation and bring accused before court if evidence exists. It is not to bring accused to court to ask for more time to investigate.”
If you have no evidence after 48 hours, you must release on bail — under Act 30 Sec 15, not remand.
C. Act 30 Section 96 — Bail Is Right When Investigation Ongoing:
In fact, if investigation is ongoing, that is ground FOR bail, not against bail.
Republic v Mbushim (1972) 2 GLR 354: “Where investigations not complete, court should grant bail to enable investigation to continue without detaining accused.”
D. Courts Act 1993 Act 459 Sec 73 and C.I. 47 Order 4 Rule 2 — No Remand To Aid Investigation:
Remand under Act 30 Sec 138 is only for:
– Committal proceedings for indictable offence
– Where trial cannot start immediately and accused may abscond
Remand is NOT for investigation. There is no law — “remand to complete investigation.”
High Court in Gavor v C.O.P (1988-89) GLR 314: “Remand is not tool for police to complete investigation. If police not ready, accused must be granted bail.”
2. THE LIE — “48 HOURS MANDATED SO WE MUST REMAND”
Prosecutors say: “My Lord, we arrested, 48 hours will expire, so we brought him, but investigation not complete, so remand.”
That is false logic. Dangerous false logic.
Here is truth:
Option A under Act 30 Sec 15: If 48 hours expiring and investigation not complete — GRANT POLICE ENQUIRY BAIL — self-recognizance — ask him to report to assist investigation. Do not bring to court half case.
Option B under Article 14(4): If you bring to court and not ready — COURT MUST GRANT COURT BAIL — reasonable condition — and give you time to investigate while accused on bail.
48 hours does not mean remand. 48 hours means release if not ready.
Supreme Court in Kpebu No.2 (2019) GHASC 90: “Where police bring accused to court within 48 hours but investigation incomplete, court shall grant bail and not remand, unless prosecution shows substantial risk of absconding or interference — not mere ongoing investigation.”
So prosecutor saying “investigation ongoing, remand” is asking court to break law.
3. WHY THEY DO IT — TO PUNISH, ESPECIALLY POLITICAL AND BIG MAN CASES
Why do prosecutors ask remand for ongoing investigation when law says bail?
Three reasons — all abusive:
A. To Punish Before Trial — Ransom Justice:
If you insult big man — MP, Minister, IGP, President — police want you to feel. Remand 2 weeks in Nsawam is punishment.
In GR/AD/CC1/018/2027 — Salome case, Brief Facts say at bottom: “Investigations are continuing…” That is admission they have no complete docket, yet they want remand.
That is punishment — violates Article 19(2)(c) presumption of innocence and Article 15 inhuman treatment.
B. To Cover Lazy Investigation — No Docket:
CID/HQTRS/SIU takes Techiman case to Accra. Phone not extracted. Statements not taken. No Momo analysis from MTN under Electronic Transactions Act 2008 Act 772 Sec 100*. So they need time.
Instead of releasing on bail and investigating, they ask remand — court becomes extension of police cell.
That violates Article 23 administrative justice — duty to be diligent.
C. To Please Big Man — Political Cases:
In political cases, complainant is big man — calls IGP. IGP calls Director CID. Director tells SIU: “Remand him small, teach him lesson.”
Prosecutor in court says: “Investigations ongoing, national security.” Judge understands code: big man involved, remand.
That is perversion of prosecutorial power under Article 296 and Act 459 Sec 56 — nolle prosequi power must be impartial.
Example: In 2024, youth who posted “President thief” on TikTok — arrested in Wa, transported to Accra, prosecutor: “Investigation ongoing, phone sent to US for forensic.” Remanded 3 weeks. No forensic report came. Case later withdrawn. Punishment already served — 3 weeks in Nsawam.
4. THE COST — WHO PAYS FOR THIS LIE?
Accused: Loses job — Labour Act 2003 Act 651 Sec 62 — 10 days absence = dismissal. Loses school — cannot write WASSCE in cells. Loses business — shop closed.
Taxpayer: Ghana Prisons 2024: 4,721 remand prisoners — 32% of prison population. Cost GHS 25/day each — GHS 118,000 daily to feed and guard people who are presumed innocent and whose investigation not complete.
Justice: Public loses confidence. Afrobarometer 2024: 64% believe police remand youth to punish for insulting big man, not to investigate.
Democracy: When remand is used as punishment for political speech, freedom of expression under *Article 21 and ICCPR Article 19* dies.
5. WHAT LAW DEMANDS — STOP REMAND FOR INVESTIGATION
For Judges — Duty To Refuse:
When prosecutor says “investigation ongoing, remand,” judge must ask:
“Under what law are you asking remand to complete investigation? Show me Act 30 Section. If investigation not complete, why did you charge? Under Gavor v COP, I must grant bail.”
Under Act 30 Sec 96(4) and Martin Kpebu, bail must be reasonable — self-recognizance for misdemeanour.
Judge must not be police cell extension.
For Prosecutors — Duty To Be Honest:
Under Legal Profession Act 1960 Act 32 Sec 54 — Prosecutor is minister of justice, not advocate of punishment. Prosecutor must say: “Investigation not complete, we pray for bail with condition to report to assist investigation.”
If prosecutor insists on remand without showing risk of absconding or interference — not mere ongoing investigation — it is professional misconduct.
For IGP — Order To Stop:
IGP must issue order under Act 350 Sec 17:
“No officer shall charge misdemeanour where investigation not complete. No officer shall ask court to remand to complete investigation. Where 48 hours expiring and investigation not complete, grant enquiry bail under Act 30 Sec 15 to report. Remand request for investigation is prohibited and officer liable for abuse of power under Act 456 Sec 7.”
For Chief Justice — Practice Direction:
Under Article 159, Chief Justice must direct:
“Remand shall not be granted solely on ground that investigations ongoing. If prosecution not ready, court shall grant bail under Act 30 Sec 96(1) SHALL for misdemeanour, with condition to report. Repeated remand requests for investigation to be reported to Attorney-General for disciplinary action.”
6. WHAT YOUTH MUST SAY IN COURT WHEN PROSECUTOR LIES
If you are in court and prosecutor says “investigation ongoing, remand”:
Stand and say:
“My Lord, under Republic v Mbushim and Gavor v COP, ongoing investigation is ground for bail, not remand. Under Act 30 Sec 15, police should have granted enquiry bail if not ready. Under Martin Kpebu v AG, bail is my right under Article 14(4). If prosecution not ready after 48 hours, they must release me on bail with condition to report. Remand to complete investigation is illegal and amounts to punishment before trial violating Article 19(2)(c). I pray for self-recognizance.”
Say it. Record it. It is your right.
IF NOT COMPLETE, DON’T SEND TO COURT — RELEASE ON BAIL
The law is simple:
– Investigate first.
– If evidence, arrest, charge within 48 hours.
– If no evidence after 48 hours, grant police enquiry bail under Act 30 Sec 15 — don’t rush to court to ask remand.
– If you rush to court not ready, court must grant court bail under Act 30 Sec 96(1) SHALL — not remand.
Remand is not for investigation. Remand is not for punishment. Remand is not to please big man.
Remand for ongoing investigation is most dangerous lie because it makes court accomplice in punishment without conviction.
And punishment without conviction is disgrace to democracy and rule of law under Article 1(1) and 12(1).
If investigation not complete — release him. Don’t remand him.
That is rule of law.
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