Resetting Criminal Justice (Part 2) – Access to Justice

Access to justice remains a pressing challenge in Ghana, undermining the fundamental rights of many citizens, particularly the poor and vulnerable.

Despite constitutional guarantees and the existence of a statutory Legal Aid Commission, barriers persist that prevent broad sections of society from securing fair legal representation and timely justice.

In principle, Article 17 of the 1992 Constitution guarantees equality before the law, implying that every person should have equal access to justice.

The Legal Aid Commission (LAC) was established to realise this principle by providing free or subsidised legal services to indigent persons who otherwise could not afford representation. Yet, in practice, the promise of justice for all remains elusive.

Statistical indicators paint a troubling picture. The LAC’s own statistics reveal that many legal matters remain unresolved long after they are filed.

For example, in 2020 the Commission received 9,133 cases under its Alternative Dispute Resolution (ADR) mechanism, resolving only 5,535 while 3,598 remained pending. Likewise, of 2,456 court cases received that year, only 1,115 were completed, leaving 1,341 unresolved.

Even more concerning is the geographic reach of the Legal Aid Commission. Out of 261 Metropolitan, Municipal, and District Assemblies nationwide, the Commission maintains offices in only 42 — barely 16% of all local government units.

This means that the majority of Ghanaians have no proximate legal aid presence in their communities.

Several factors contribute to the ineffective operation of legal aid in Ghana:

Inadequate funding and resources: Legal aid services depend heavily on government funding, which has historically been limited.

This restricts the Commission’s ability to recruit and retain qualified lawyers, equip offices or expand services. 

Human resource shortages: there is a chronic lack of lawyers willing to take on pro bono cases, while the Commission itself lacks sufficient staff to meet rising demand.

Infrastructure deficits: many parts of the country lack legal aid offices altogether, forcing citizens in rural districts to travel long distances — a costly and often prohibitive requirement — to seek help.

Delays and quality issues: the quality of services provided to legal aid clients is often lower compared to those who can afford private counsel, and delays within the justice system compound these challenges, with frequent adjournments and slow case processing reported.

The problems with legal aid do not occur in isolation.

A broader Afrobarometer survey found that more than half of Ghanaians believe high costs prevent ordinary citizens from using the formal justice system, and ⁷many cite bias in favour of the wealthy and long delays as major barriers. 

Socio-economic challenges also play a role. According to the Ghana Statistical Service, nearly a quarter of the population live below the poverty line.

These individuals are disproportionately affected by gaps in legal aid provision, as they cannot afford private legal services and have limited access to state-sponsored support.

Experts advocate robust investment in legal aid infrastructure, greater recruitment and incentives for legal professionals to provide pro bono services, expanded outreach to underserved districts, and legislative reforms to strengthen the statutory underpinnings of legal aid delivery.

Civil society and development partners have also emphasised the importance of paralegal services as a complementary approach to reach vulnerable communities.

Generally, access to justice affects the whole gamut of the legal landscape but the problem is acute in the criminal field.

Without seeking to downplay the need for legal representation in civil matters, we emphasise its importance in the criminal sphere because incarceration occurs if one is found guilty in a criminal matter.

There is anecdotal evidence, buttressed by my own experience, that the vast majority of prisoners end up behind bars due to their inability to afford legal fees.

As a result of this, justice often becomes a privilege for those who can pay for it, undermining the constitutional principle of equality before the law.

A case in point is the Yaw Asante Agyekum matter that made headlines last year.

Agyekum, whose only connection to the notorious armed robber, Atta Ayi, was that he used to repair his motorbike at his workshop, was jailed for 30 years as an accomplice in the Atta Ayi trial.

As it became evident in his acquittal by the Court of Appeal after my intervention (provided pro bono), he was jailed for the simple fact that he had no legal representation at trial.

Without these reforms, the promise of access to justice — a cornerstone of Ghana’s democratic system risks remaining more aspirational than real.

For many Ghanaians, especially the poor and marginalised, the legal aid scheme still falls short of its noble mandate.