In a significant development within Ghana's judicial and correctional systems, five inmates at the Nsawam Medium Security Prison have petitioned the Human Rights Court in Accra, alleging unconstitutional conduct by the Ghana Prisons Service. The petition arises from the inmates' inability to attend a scheduled court hearing, which they claim was due to administrative lapses beyond their control.
The petitioners, Felix Dzifa Abusa, Donglik Konkouk, Kweku Awuku, and Richard Annan Asmah, filed their case — Suit No. HR 0038/2026 — on November 25, 2025, at the Human Rights Court Division of the Judicial Service. Their suit challenges what they describe as the imposition of an additional definite 20-year sentence following the August 2025 Amnesty Panel proceedings, chaired by Chief Superintendent James Afoakwa.
Allegations and Circumstances Surrounding Their Absence
In a letter dated February 24, 2026, addressed to the Human Rights Court and copied to notable offices including President John Dramani Mahama, Chief Justice Paul Baffoe-Bonnie, the International Court of Justice, and the Attorney-General, the inmates detailed the circumstances leading to their absence during the court hearing on February 23, 2026.
According to their letter, the Human Rights Court had scheduled a hearing for February 23 after the defendants allegedly failed to enter an appearance despite being served twice. The plaintiffs claim that they subsequently filed a hearing notice on February 6, 2026, which was reportedly served on the Director-General of Prisons by a court bailiff.
However, when the day of the hearing arrived, prison authorities allegedly informed the inmates that no hearing notice had been received directing their transfer to court. Both subordinate officers and a senior officer designated as third-in-command at the facility reportedly asserted that neither the court nor the Director-General had notified the prison of the scheduled hearing.
The inmates emphasized that their failure to appear in court was not deliberate but rather due to circumstances beyond their control. They expressed concern that such administrative lapses could undermine their pursuit of justice.
Requests Made to the Human Rights Court
In their petition, the inmates are appealing to the Human Rights Court not to dismiss their case. They have requested that the court summon the Director-General of Prisons to provide an explanation — in their presence — regarding claims that no hearing notice was served.
Additionally, they have urged the court to reaffirm its directive for a government vehicle to be made available for their transportation to court for subsequent hearings. The plaintiffs argue that any refusal to honor service of court processes or comply with judicial directives undermines the authority of the Judiciary as enshrined in Ghana’s 1992 Constitution, specifically Article 72(1), which pertains to the presidential prerogative of mercy.
Supporting Evidence and Wider Implications
To substantiate their claims, the petitioners attached photocopies of an official court search and the hearing notice, which they assert confirm that the Ghana Prisons Service was duly served. Copies of their petition were also sent to key stakeholders, including the Director-General of the Ghana Prisons Service, the Registrar of the Human Rights Court, and various media outlets.
This case raises critical questions about administrative accountability within Ghana’s correctional system and its interaction with judicial processes. The allegations brought forward by these inmates highlight potential gaps in communication and compliance that could have far-reaching implications for prisoners’ rights and access to justice.
Conclusion
As this case unfolds, it serves as a reminder of the importance of upholding constitutional principles and ensuring that all individuals — regardless of their circumstances — have access to fair treatment under the law. The Human Rights Court’s decision on this matter will likely set a precedent for how administrative lapses within state institutions are addressed and how justice is safeguarded for all citizens.
This case underscores the necessity for robust mechanisms that enable effective coordination between judicial and correctional systems in Ghana. It also highlights the critical role of transparency and accountability in maintaining public trust in these institutions.
-By Tetteh Belinda | GhanaCrimes
